ISMAIL MOHAMMAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment of conviction and order of sentence dtd. 13/5/2003 passed by the First Additional Sessions Judge, Raipur, Chhattisgarh in Sessions Trial No.446 of 2000, whereby the learned First Additional Sessions Judge, has convicted and sentenced the appellants as under:-

(2.) Brief facts of the case are that the incident took place on 14/8/2000 at 14.30 Hours. Applicant Rajesh Dubey S/o Chandrika Prasad Dubey was resident of Bemetara, District Durg and he ran the minibus on the name of Maa Sharda Travels from Bemetara to Khamariya Road. Two minibuses of accused Ismail had plied on the said road. On 14/8/2000, applicant Rajesh Dubey came to Regional Transport Office (hereinafter referred to as 'R.T.O.'), Devpuri, Raipur for submission of tax, at that relevant time, Ismail and his younger brother was also there. Ismail asked him how had he come here, then he asked that he had to come for submitting tax, upon this, Ismail and his younger brother told to him that he had to come for changing the time of minibus and further that if the timing of minibus had changed, then it will not be right. Thereafter, applicant Rajesh Dubey left the office and went to a hotel for having breakfast. When he came out from the hotel, Ismail's younger brother caught hold of his collar and abused him by saying that you had come here to change the timing of the minibus ahead of his vehicle and he will not leave him. He started slapping upon him by his hands. Thereafter, Ismail came there and caught hold of him and told to his younger brother for assaulting the applicant, upon this, his younger brother Israfil assaulted him by knife on his stomach, head, back as well as his private parts. When the applicant stopped him, he got injury on his right palm. After seeing fight between them, Jitendra Shukla of Bemetara tried to intervene, but he too threatened to kill. After assaulting them, appellant Ismail and his younger brother appellant Israfil fled from the spot towards Raipur on a motorcycle. The incident was witnessed by Deepak Bhardwaj, Dhananjay Tripathi, Jitendra Shukla and nearby shopkeepers. Jitendra Shukla picked him from there and took him to the office of R.T.O, from where, he was sent to MMI Hospital and Jitendra got him admitted. Dehatinalishi (Ex.P/3) was lodged by applicant, on which, wheels of investigation was started after registering the crime under Sec. 307 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') bearing Crime No.231 of 2000 at Police Station Tikrapara, District Raipur. During investigation by the Police, medical examination of the applicant Rajesh Dubey was conducted and opinion was obtained. Memorandum statement of Israfil was recorded, thereafter, sharp edged iron knife as well as blood stained clothes of Israfil were seized and one Yamaha Motor-Cycle was also seized. Blood stained clothes of applicant Rajesh Dubey was seized from MMI Hospital. Blood stained soil and plain soil were seized from the place of incident. Thereafter, a spot map was prepared, seized articles were sent for chemical examination and its report was also received. After offence was found proved against the accused persons, they were arrested. After conclusion of the investigation, charge-sheet was filed.

(3.) In order to establish the guilt of the appellants/accused persons, prosecution has examined as may as 13 witnesses and exhibited 22 documents, whereas accused persons were examined 1 defence witness and exhibited 3 documents.