Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1

Ahmed Sayeed & Ors. Vs. State of M.P. (Cr.A. No. 410 of 2010)
State of M.P. Vs. Ahmed Sayeed & Ors (Cr.A. No. 456 of 2010)
HIGH COURT OF MADHYA PRADESH
GWALIOR BENCH
DIVISION BENCH
G.S. AHLUWALIA
&
RAJEEV KUMAR SHRIVASTAVA J.J.
Cr.A. No. 410 of 2010
Ahmed Sayeed & Ors.
Vs.
State of M.P.
&
Cr.A. No. 456 of 2010
State of M.P.
Vs.
Ahmed Sayeed & Ors.
Shri R.K.S. Kushwaha, Counsel for Appellants No. 1 and 2
Shri Padam Singh with Shri Udaiveer Singh Counsel for Appellants
No. 3 and 4
Shri C.P. Singh Counsel for the State
Date of Hearing
: 21-12-2021
Date of Judgment
: 4/Jan/2022
Approved for Reporting
: Yes
2

Ahmed Sayeed & Ors. Vs. State of M.P. (Cr.A. No. 410 of 2010)
State of M.P. Vs. Ahmed Sayeed & Ors (Cr.A. No. 456 of 2010)

Advocates:
A.G.,S.K.Shrivastava,R.K.Upadhayay,

The testimony of interested witnesses can be relied upon to prove the guilt of the accused, if it is found to be reliable and consistent.

Headnote:
MURDER - [SECTION 302/34 IPC] - Common intention - Ingredients of Section 34 IPC - Testimony of interested witnesses - Appreciation of evidence.
Fact of the Case:

The deceased was assaulted by the 4 accused persons with axes and lathi and died due to the injuries sustained. The prosecution relied on the testimony of an eye-witness (PW 3), who was the niece of the deceased, and other witnesses to prove the guilt of the accused.
Finding of the Court:

The Court found that the testimony of PW 3 was reliable and consistent, and was corroborated by the medical evidence. The Court also found that the other witnesses had no reason to falsely implicate the accused. The Court held that the ingredients of Section 34 IPC were satisfied, as the accused had shared a common intention to kill the deceased.
Issues: 1. Whether the testimony of PW 3 was reliable and sufficient to prove the guilt of the accused?2. Whether the ingredients of Section 34 IPC were satisfied?
Ratio Decidendi: 1. The Court held that the testimony of PW 3 was reliable and sufficient to prove the guilt of the accused, as it was corroborated by the medical evidence and the testimony of other witnesses.2. The Court held that the ingredients of Section 34 IPC were satisfied, as the accused had shared a common intention to kill the deceased.
Final Decision: The Court dismissed the appeals of the accused and upheld their conviction for murder under Section 302/34 IPC.

4^th- January-2022

Per G.S. Ahluwalia J.

By this common judgment, the Cr.A. No. 410/2010 and Cr.A.

No. 456 of 2010 shall be decided.

Cr.A. No. 410 of 2010 has been filed by Appellants Ahmed

Sayeed, Samim, Anees and Shakeel against the judgment and

sentence dated 13-4-2010 passed by Additional Sessions Judge,

Sironj, Distt. Vidisha in S.T. No. 15/2004, by which the appellants

have been convicted and sentenced for the following offences :

a. Under Section 302/149 of I.P.C. (On three counts for murder of

Fida Mohd., Abdul Azeez and Rabia bi) and sentenced to undergo

Life Imprisonment and fine of Rs.1000/- in default 6 months R.I., on

three counts ;

b. Under Section 307/149 of I.P.C. (On three counts for attempting to

kill Anwar, Johra bi, and Mohd. Khalil) and sentenced to undergo 7

years R.I. and fine of Rs. 1000/- in default 6 months R.I., on three

counts ;

c. Appellant Ahmed Sayeed under Section 148 of I.P.C. and

sentenced to undergo 1 year R.I. and fine of Rs. 500/- in default 3

months R.I.

d. Appellants Samim, Anees and Shakeel under Section 147 of I.P.C.

and sentenced to undergo 1 year R.I. and fine of Rs. 500/- in default 3

months R.I.

All the sentences to run concurrently.

Whereas Cr.A. No.456/2010 has been filed by the State for

enhancement of sentence and for award of death penalty.

The necessary facts for disposal of present appeal in short are

that the complainant Gaffar Khan lodged a Dehati Nalishi, Ex. P.1 on

5-5-2003 at 10:25 A.M., on the allegations that he is the resident of

village Jhujhalakheda and is an agriculturist by profession. There

was a dispute between Abdul Azeez and Ahmed Sayeed on the

question of boundary of field. At about 8:00 A.M., Haneef Khan,

Munne bhai, Fida Bhai and the complainant had gone to amicably

settle the matter. Anees, Shakeel, Yusuf and Shamim, all sons of

Ahmed Sayeed were also there. The complainant, Munna bhai, Fida

Bhai and Haneef Bhai were affixing stones on the earthen boundary.

Ahmed Sayeed and his sons Anees, Samim, Yusuf and Shakeel started

abusing and scuffling. They were separated by the complainant and

others. Thereafter, Ahmed Sayeed and his sons ran towards their

house. Ahmed Sayeed came out along with his .12 bore gun.

Shakeel was following him along with a belt of cartridges. Shakeel,

Yusuf and Samim also came there and started shouting that all should

be killed. Ahmed Sayeed fired a gun shot causing injury to Khalil

who was standing in the courtyard of Ahmed Sayeed. He fell down

after sustaining gun shot injury. Thereafter, Ahmed Sayeed fired a

gun shot causing injury to Azeez, who also fell down after sustaining

gun shot injury. Azeez was standing in front of the house of

Munnawar. Rabia bi was also standing there, who also sustained gun

shot injuries and also fell down. The children and other ladies came

on the spot and started crying and pleading for mercy from Ahmed

Sayeed, but Ahmed Sayeed did not stop. Anees, Shamim, Shakeel

and Yusuf were exhorting that no one should be spared. Thereafter,

Ahmed Sayeed, after reloading his gun caused gun shot injuries to

Johra bi, Akhtar, Jamil, Anwar, Rabia bi, Chhammu Khan, Haneef

Khan. Ahmed Sayeed was challenging that if any body has a

courage, then he may come forward. The people ran helter-skelter.

Fida Bhai along with his wife, was going on a motor cycle to lodge a

report. The movement he started the motor cycle, Sayeed Ahmed

came nearer to the house of the complainant, and fired a gun shot

causing injuries to Fida and his wife as a result, both of them fell

down from the motor cycle. Thereafter, the complainant and Haneef

Khan took all the injured persons to the hospital on a tractor and

trolley. Some more gun shots were heard, therefore, it is possible that

some more injured persons must be lying in the village. The Doctors

have informed that Fida bhai and Abdul Azeez have died.

Accordingly, the police registered the F.I.R. and started

investigation. Rabia

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