SOHRABKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is preferred by the convicted accused by name sohrabkhan, aged about 26 years as on the date of the occurrence, on being aggrieved by the judgment of the High court rendered in Criminal appeal No. 26 of 1976 on the file of the High court of Madhya Pradesh at Indore bench by setting aside the judgment of the trial court acquitting him of the offences punishable under S. 302 and S. 323 ipc and under S. 27 of the Arms Act and further convicting him of the above-said offences and sentencing to life imprisonment under Section 302 Indian Penal Code and to other various terms of imprisonment for other offences. The matrix of the prosecution case can be summarised as follows: the appellant is the son of one Ishaq Khan. The appellant and his father were on inimical terms with the deceased Aziz Khan who was none other than the nephew of Ishaq Khan. There was dispute over the enjoyment of a portion of land between these two parties.

(2.) On 20/08/1973 at about 7.30 a. m. the deceased was grazing his cattle in the field whilst his brother Public Witness 3 Latif was cutting grass in the nearby Field. At that point of time, Ishaq Khan armed with a gun, accompanied by his son, the appellant herein armed with a stick came to the scene of occurrence. It is stated that Ishaq Khan handed over his gun to the appellant and instigated him to shoot at Aziz Khan.

(3.) On the instigation of his father, the appellant fired a shot causing injuries to Aziz Khan. Thereafter, the appellant assaulted Aziz Khan with a stick and when Public Witness 3 rushed to the scene of occurrence and intervened, he too was assaulted by the appellant with a stick. Alter causing injuries to the deceased and Public Witness 3 the appellant and his father made good their escape. Thereafter, the injured Aziz Khan was carried to badagaon hospital where Public Witness 2 rendered the first-aid and advised the parties to take the injured to Nalkhoda hospital. At the Nalkhoda hospital, the injured was examined by Public Witness 14, a medical officer of that hospital.