( 1 ) THIS appeal is directed against the judgment dated February 20, 1997, passed by Additional Sessions Judge (IV), Bhopal, in Sessions Trial No. 62/88. The appellant No. 1-Mohammed Shafique Pahalwan has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. 1,000/-, and in default of payment of fine, to undergo simple imprisonment for three months. He has also been convicted under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for five years and fine of Rs. 500/-, and in default of payment of fine, to undergo simple imprisonment for one month. The appellants No. 2 and 3, namely, Hafiz Pahalwan and Irphan, have been convicted for offence under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. 1,000/- each, and in default of payment of fine, to undergo simple imprisonment for three month each. The appellant No. 2 Hafiz Pahalwan has also been convicted under Section 307/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five year and fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment for one month. The appellant No. 3-Irphan has also been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 500/-, and in default of payment of fine, to undergo simple imprisonment for one month. The narration of material facts may now be made.

( 2 ) RAFFOO alias Rafique Pahalwan, brother of accused Mohd. Shafique and accused Hafiz Pahalwan was murdered at Bhopal on 25-7-1986. First Information Report of the said incident was lodged by accused Shafique at Police Station Hanumanganj, on which Crime No. 647/86 was registered. Iftedar (PW 4) and Kazi Sirajuddin (deceased in the present case) were accused in that case.

( 3 ) THE prosecution case is that the murder trial of Raffoo alias Rafique Pahalwan's case was fixed on 8-6-1987 in the Court of Additional Sessions Judge, Bhopal. The deceased Kazi Sirajuddin came to the Court to attend the case along with his son Iftedar (PW 4), brother in laws Umar Pharooque Sadi (PW 10) and A. S. Bilgrami (PW 27) and the nephew Rais Wali (PW 8 ). The case was adjourned since the Presiding Officer was on leave. When these persons proceeded towards maingate, the accused Mohd. Shafique fired at Kazi Sirajuddin, which hit in his chest and another shot by accused Irphan hit Iftedar (PW 4 ). It is also alleged that other shots fired hit Kunjilal (PW 7) and Balram (PW 13 ). Accused Sanna alias Sageer Ahmed stands acquitted while accused Seharyar Ali Madni died during the course of trial.

( 4 ) DURING the course of investigation, sequel to registration of First Information Report, dead body of Kazi Sirajuddin was subjected to autopsy, statements of witnesses recorded and simple soil taken into possession, apart from that which was smeared with blood.

( 5 ) ACCUSED Mohd. Shafique and Irphan were arrested on 9-6-1987 while accused Hafiz Pahalwan was arrested on 23-6-1987 and accused Sanna alias Sageer was arrested on 6-9-1987. At the time of arrest, revolver and six round of cartridges were seized from the possession of accused Mohd. Shafique. Statements of Iftedar (PW 4), Umar Farooque (PW 10) and A. S. Bilgrami (PW 27) were recorded under Section 164 of the Code of Criminal Procedure, 1973.

( 6 ) AFTER completion of investigation, challan was presented against the accused in the Court of Chief Judicial Magistrate, 1st Class, Bhopal. It was committed to the Court of Sessions Judge, Bhopal, who transferred the same to the Court of Additional Sessions Judge (IV), Bhopal, for trial.

( 7 ) THE accused denied the commission of crime. Accused Mohd. Shafique and Irphan stated that they are innocent and have been implicated falsely. Accused Hafiz Pahalwan stated that he was suffering from heart disease before the occurre