- (1.)FEELING aggrieved by the judgment of absolvitor dated 13/6/1993 passed by learned 5th Additional Sessions Judge, Bhopal in S. T. No. 214/92 acquitting respondent no. 1 from the charges punishable under section 302 IPC and under section 25 (1b) of the Arms Act and also acquitting respondent no. 2 from the charges punishable under sections 201 and 212 IPC the State of Madhya pradesh has preferred this appeal after obtaining leave to file appeal.
(2.)IN brief the case of prosecution is that on 15/2/1992 at 9. 45 a. m. complainant mohd. Ashfaq alias Bablu was going from his house to purchase meat, at that juncture from Bhadbhuja Ghati one scooter was coming which was being driven by Anjum. On the said scooter Adeeb (hereinafter referred to as 'the deceased')was a pillion rider. As, soon as the said scooter reached ne. arby the house of vegetable vendor Rafique Miyan, respondent no. 1 stopped the scooter and dragged the deceased, Thereafter, a long knife which was wiped on his waist was taken out by him and in order to kill the deceased dealt its blow on his abdominal region. When respondent no. 1 tried to inflict second blow of the said knife, deceased caught hold of the weapon, as a result of which his fingers were cut. Thereafter, respondent no. 1 dealt knife blow on the neck region of the deceased, as, a result of which his neck was chopped and blood started oozing. It is the further case of prosecution that deceased was screaming and requesting respondent no. 1 not to kill him, but respondent no. 1 mercilessly dealt several knife blows and ultimately fled from the place of occurrence.
(3.)COMPLAINANT Mohd. Ashfaq alias Bablu thereafter went to Police Station talaiya and lodged the FIR. On lodging of the FIR the criminal law was triggered and set in motion. The FIR was registered; investigating agency started investigation and in pursuance to its investigation arrived at the spot; prepared spot map; prepared inquest of the dead body and sent it for post-mortem; seized ordinary and blood stained earth from the place of occurrence; recorded the statement of the witnesses; arrested respondent no. 1 on 19/2/1992 and seized a knife which was used as a weapon in the commission of offence from his possession; arrested respondent no. 2 Rahat Warsi on 1/3/1992 and seized blood stained clothes of respondent no. 1 which were washed, from him. The investigating agency in furtherance to its investigation send blood stained articles for chemical and serological examinations.