STATE OF MADHYA PRADESH Vs. SARDAR

JUDGEMENT

(1.) These two appeals by special leave are directed against orders dated 28th June, 1996 and 17th July, 1996 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 490 of 1990.

(2.) Briefly stated the facts are as follows : It is the case of the prosecution that on 20th February, 1987, PW-I Yaqub was coming back from the forest near his village Khokariya, under the jurisdiction of Police Station Narwar, District Ujjain, and on the way he was accosted by accused No. 4 Sardar. It is the case of the prosecution that Sardar caught hold of Yakub, by his collar, slapped him, abused him and threatened him for lodging many reports against him; the brother of Yakub namely Peera, and his uncle Ismile Hazi (PW-5) came on the spot, separated the two persons, took Yaqub to the brothers' house and forced Yaqub to remain in a room which was bolted from outside, that sometime after this incident, at about 10 a.m., accused No. 4 Sardar armed with axe, accused No.1 Ahmad Noor armed with Saliya accused No.5 Daulat armed with Saliya, accused No. 2 Usman armed with axe, accused No. 6 Sikander armed with Saliya and accused No. 3 Ramzu armed with stick came to the spot. These persons first assaulted Ismile and then proceeded towards the house of PW-2 Mubarik. The door of Mubarik's house was closed. Thereafter accused broke open the door with the axe, entered the house and assaulted Mubarik, Yusuf PW-4 and Ahmad Noor (since deceased). The three injured persons were taken by the Police to the Police Station. As Ahmad Noor's condition was serious he was sent to the hospital. Yaqub lodged the report. FIR for the offences under Sections 307/452/147/148/149/294/506/323/32/294, IPC was lodged. Ahmad Noor then expired in the hospital.

(3.) All the accused persons viz. Sardar, Ahmad Noor, Daulat, Usman, Sikander and Ramzu denied the charges. By its judgment and order dated 7th November, 1990 the trial Court acquitted accused Usman and Raju. The trial Court convicted accused Ahmad Noor, Daulat and Sikander under section 302 read with 34, IPC and sentenced them to suffer life imprisonment. Accused Sardar was convicted by the trial Court under Section (sic), IPC and was sentenced to suffer life imprisonment. Simultaneously all the accused were held guilty of committing offence under Section 307 read with Section 34, IPC and were sentenced to three years' R.I. for attempt to murder Ismile, three years' R.I. for attempt to murder Yusuf and three years' R.I. for attempt to murder Mubarik. All the sentences were directed to run concurrently.