LAWS(MPH)-2005-7-57

MEHBOOB KHAN Vs. STATE OF MADHYA PRADESH

Decided On July 27, 2005
MEHBOOB KHAN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Appellant being aggrieved by the judgment of conviction dated 30-6-1992 passed by third Additional Sessions Judge, Bhind in Sessions Trial No. 143/86 convicting him under Section 302 IPC and sentencing him to imprisonment for life, has filed this appeal under Section 374 Cr.P.C.

(2.) Prosecutions story as per First Information Report is that one Karu lodged the F.I.R. at Police Station Amayan, district Bhind on 3-5-1986 at about 9 a.m. that in the last night of 2nd and 3rd May, 1986 he was sleeping at his bran (Khalihan). His son Ramfal was sleeping nearby him and Bhure Khan was also sleeping near them on a cot. In the night at about 12 p.m. he heard the noise of fire and he had seen that appellant Mehboob Khan shot at Bhurekhan by a Katta. Bhure Khan was lying on a cot and struggling for life, Seeing it when he cried, Mehboob Khan threatened him that he will also kill him; whereupon Karu and his son Ramfal ran away from there. Thereafter, they came to the village and informed the villagers and thereafter went to lodge the report. The distance of police station is about 7 kms. from the place of occurrence. It was further reported that Bhurekhan was all alone. He was not married and he had no issue and was residing with Karu for last 30 years. Mehboob Khan is the son of Jinnekhan, who is the husband of Rupe, who is the niece of deceased Bhurekhah. It was also written in the F.I.R. that Bhurekhan was having lot of property and around 7 years before he had given 7 bighas of land to Karu, therefore, Jinnekhan was keeping enmity with him as well as with Bhurekhan. It was also alleged in the F.I.R. that 4 years before Jinnekhan got executed one forged saledeed for 12 bighas of land of deceased in his favour, litigation of which was pending in Bhind Court and due to this Junnekhan got murdered Bhurekhan through his son Mehboob Khan. After the F.I.R. lodged by Karu, the matter was investigated and chargesheet was filed against three persons - appellant, his mother Smt. Rupabai and father Jianekhan.

(3.) In defence, appellant and other co-accused persons abjured their guilt. During trial, prosecution examined as many as 11 witnesses and in defence appellant also examined 6 witnesses. Their defence was that the dispute between the appellant and his parents and Bhurekhan was compromised and Karu was not happy with this compromise, therefore, it is Karu who murdered Bhurekhan. D.W. 6 Rupabai has stated that in the morning at 5 o' clock Karu had told her that he has murdered Bhurekhan and D.W. 3 Shyamli and D.W. 4 Jhinguri have stated that they both had seen Karu murdering the deceased. The trial Court after considering the prosecution evidence as well as defence evidence acquitted two co-accused persons, Mst. Rupabai and Jinnekhan, and convicted the appellant and sentenced him as aforesaid. Against which the appellant has filed this appeal.