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2003 Supreme(MP) 579

A.K.AWASTHY, DEEPAK VERMA
Mohammad Asif – Appellant
Versus
State of M. P. – Respondent


Advocates:
J.K. Lodhi for appellant; Smt. Chanchal Sharma, Panel Lawyer for State.

JUDGMENT


Awasthy, J. -- The appellant has preferred this appeal against judgment dated 11.5.1990 Passed by IVth Additional Sessions Judge, Bhopal in Sessions Trial No. 32 of 1989 against his conviction under section 302 of the Indian penal Code and sentence of life imprisonment.


The prosecution case is that on 28.9.1988 at about 1.35 p.m. at Kabitpura, Bhopal, deceased Irfan had scuffle with the appellant and the appellant took out the knife and gave blow on the chest of Irfan. That Irfan ran towards his house and he was chased by the accused. When the deceased reached his house the accused went away saying that he will not leave him to go to the hospital. Eye witnesses of the offence are mother of deceased Khalikulnisha (PW 5), her daughter-in-law Kiswar Jahan (PW 4) and her son Taufique (PW 9). Kiswar Jahan (PW 4) rushed to the Police Station Shah Jahanabad and first information report Ex. P. 7 was recorded on that very day at about 1.51 p.m. by Assistant Sub-Inspector R.N. Mishra (PW 8). Irfan was declared dead in the hospital and postmortem of the dead body was conducted by Dr. J.N. Soni (PW 2). Dr. IN. Soni (PW 2) has found that in the left side of the chest of deceased, t
























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