SUMEAR ALIAS SAMEER Vs. STATE

JUDGEMENT

(1.) This petition is by accused No.1 in Cr.No.7/2019 of Sulibele police station registered for the offences punishable under Sections 504 and 307 of IPC. After completion of the investigation, charge sheet has been filed against three accused persons for the offences punishable under Sections 504, 307 and 120(b) read with Section 34 of IPC.

(2.) I have heard the learned counsel appearing for the petitioner and the learned SPP-II appearing for the respondent-State.

(3.) One Syed Zia (CW-2) is the injured. The complainant is his paternal uncle. The accused- petitioner is the relative of accused No.3 i.e., the wife of Syed Zia. The allegations are that the accused was frequently calling the wife of the injured/CW-2 and on coming to know about the same, the injured advised the petitioner not to contact his wife. In view of the said enmity, on 27.01.2019, the accused/petitioner called CW-2 over telephone saying that he had some bar- bending work and he should come to the garden on the backside of his house. When CW-2-injured went there, at about 8.30 p.m., the accused-petitioner is said to have questioned him for suspecting his telephonic calls with accused No.3 i.e., wife of the injured and he also abused him in vulgar language and took out the knife and stabbed him on his neck, hand and on his back. The other accused, accused No.2 is said to have assaulted CW-2 with an iron rod on his head. Thereafter, when the injured CW-2 started screaming, the complainant and his sister-in-law Mubarak (CW-9) came to the spot. On seeing them, the accused persons ran away from there.