J U D G M E N T

The appellant Jahoor has filed the present criminal appeal

(for short 'Cr.P.C.') sentence dated 10.01.2001 passed by Additional Sessions Judge (Special Judge, SC/ST (PA) Act, 1989), District - Ujjain (MP) in Sessions Trial No.157/2000, whereby the appellant - Jahoor and co- accused Mubarik have been convicted under Section 302 IPC and co-accused Ramsingh and Bheru have been convicted under Section 302/34 IPC and sentenced to undergo life imprisonment for the murder of Asgar and appellant – Jahoor has also been convicted under Section 323 IPC and sentenced to undergo six months rigorous imprisonment and co-accused Mubarik, Ramsingh and Bheru have been convicted under Section 323 read with Section 34 of IPC for causing simple injury to Samunder Singh (PW-6). This appeal was filed on behalf of the appellant–Jahoor and co-accused Mubarik but during the pendency of this appeal, the appellant–Mubarik has expired, therefore as per the order dated 26.03.2012, the name of appellant–Mubarik has been deleted from the array of appeal. Criminal Appeal No.106/2001 was also filed on behalf of co-accused Ramsingh and Bherulal but during the pendency of the appeal, the appellant-Bherulal has expired and as per order dated 20.10.2003, the name of Bherulal was also deleted from the array of Criminal Appeal No.106/2001 as per order dated 03.07.2013. A report was also sent by C.J.M., Ujjain informing that appellant Ramsingh had died on 12.03.2013, therefore on 03.07.2013, an order was passed to the effect that Criminal Appeal No.106/2001 stands abated.

2. (PW/5) along with her son Aashique (PW-03) with fellow companions namely; Ramsingh (PW-10), Bane Singh and injured Samundar Singh (PW-6) reached the Police Station–Badnagar, District–Ujjain (MP) at 21:25 hours and informed that “on 05/02/2000 at around 7:00 pm she was at the house of her sister-in- law(Devrani) Khatunbee(PW-09) when they heard a commotion near the house of Samundar Singh(PW-06). Hearing such noises Masoom Bai(PW-05) and Khatunbee(PW-09) went towards the house of Samundar Singh(PW-06), where Masoom Bai(PW-05) witnessed that her brother-in-law(Dewar) Asgar(Deceased) was being assaulted by Jahoor(Appellant) using “Farsi”, Mubarik using a sword and Nanji with an axe, causing multiple injuries on head and face of Asgar(Deceased) and he collapsed on the ground and Rugga, Ganpat, Jagdish, Dileep, Maadu, Jeevan, Prakash, Jairam Balai, Sundar Kumhar, Bhairu Maadhi, Ramsingh Rajput surrounded Asgar and assaulted him with bamboo canes. At that point, Samundar Singh(PW-06) came to rescue Asgar(Deceased) and was also beaten by the accused persons and was struck on the head with the intention to kill him. She herself, Khatunbee(PW-09), Deepabai(PW-07) wife of Samundar Singh, sister-in-law(Bhabhi) of Samundar Singh, and mother of Samundar Singh attempted to save Asgar and Samadar Singh and screamed for help. Hearing their screams other residents of the village came out and seeing that, the accused persons fled the scene. Asgar succumbed to his injuries on the scene and Samadar Singh was also injured in the incident”, on the said information, F.I.R.(Ex.P-14) Crime No.41/2001 has been registered under Section

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302, 307, 147, 148, 149 of Indian Penal Code, 1860, by Rajesh Sharma, the then Station House Officer, Badnagar, District-Ujjain

(MP).

3. Panchyatnama of the dead body (Ex.P-2) was prepared by R.P. Agnihotri, Sub-inspector (PW-1), and the body of deceased Asgar was sent for autopsy which was done by Dr. Anil Kumar Dubey (PW-8) and he opined that the cause of death was asphyxia as a result of obstruction to air-way from inside due to soft and hard tissue and filling of blood inside (a result of multiple incised wounds on the face of mandible) and also opined that all injuries were anti- mortem and injury on scalp and brain were dangerous to life and prepared post-mortem report (Ex.P-3). MLC of injured Samunder Singh (PW-6) was done by Dr. Anil Kumar Dubey (PW-8) who found one l