MOHAMMAD IQBAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4th of January, 1994 passed in Sessions Trial No. 189/88 by the Additional Session Judge, Baikunthpur. By the impugned judgment, the appellant has been convicted u/Ss. 302 and 324, IPC and sentenced to undergo imprisonment for life and R.I. for 3 years with a further direction to run the sentences concurrently.

(2.) The facts, briefly stated, are as under:-- Deceased-Khemchand was tenant of the appellant. He was residing in his tenanted premises along with his family members namely Rohni Prasad (P.W. 1), Moolchandra (P.W. 5) and Bhupendra Kumar Agrawal (P.W. 2) since 10 years. The deceased was running a grocery-shop in the front portion of the premises and the back portion was used for residential purpose. Rohni Prasad (P.W. 1) and Moolchandra (P.W. 5) are real brothers of the deceased. Bhupendra Kumar Agrawal (P.W. 2) is the son of the deceased. There was dispute relating to vacating the premises between the appellant and the deceased. The case of the prosecution is that on 27-12-1987 at about 10.00 a.m., the appellant along with Sampatlal Sharma (P.W. 12), Himkalyan (P.W. 6) and Takeshwar Sharma (P.W. 13) went to the back portion of the premises where he met deceased-Khemchand. He asked the deceased as to why they have thrown out the tijori (iron safe) from the shop? The deceased replied that it was only kept there (in back portion of the house) since long. On this account, hot exchanges begun between the appellant and the deceased and both went inside the shop. The allegations are that the appellant took out a knife from his waist and gave a knife blow to the deceased and he also gave a knife blow to Rohni Prasad (P.W. 1). The appellant chased Rohni Prasad, but he was caught by Sampatlal Sharma (P.W. 12). Deceased-Khemchand took a bicycle for going to the police station, but he fell down on the way and became unconscious. Rohni Prasad (P.W. 1), Moolchandra (P.W. 5) and Sampatlal Sharma (P.W. 12) took the deceased to the clinic of Dr. P.C. Kundu (P.W. 16), who gave him first-aid and thereafter he was shifted to Baikunthpur, Hospital. Rohni Prasad (P.W. 1) reported the matter to police station, Patna, on which, the First Information Report (FIR -- Ex. P/1) was registered u/S. 307, IPC.

(3.) Mr. Surendra Singh learned Sr. Advocate appearing on behalf of the appellant, argued that the appellant inflicted single injury to the deceased in right of private defence, therefore, he was entitled to get acquitted. He referred to the decisions of Deo Narain v. State of U. P., 1973 AIR(SC) 473 and Raghbir Singh v. State of Haryana, 2009 AIR(SC) 1223.