MOHAMMED AFSAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Though the appellants/convicts have filed separate criminal appeals, however, as all the appellants/convicts have been convicted and sentenced by a common judgment, all these appeals are considered and decided together by this common judgment.

(2.) The appellants have filed these appeals under Sec. 374(2) of Cr.P.C. questioning the impugned judgment dtd. 24/7/2021 passed in Sessions Trial No. 09/2019 by the 13th Additional Sessions Jude, Raipur, District Raipur, by which the learned Additional Sessions Judge has convicted and sentenced the appellants as under: <FRM>JUDGEMENT_82_LAWS(CHH)1_2024_1.html</FRM>

(3.) Case of the prosecution, in short, is that the complainant-Jagadhar Nishad (PW-3) is the resident of Bhawani Nagar, Boriyakhurd, Police Station Tikrapara, Raipur. On the date of incident i.e. on 22/8/2018 at about 11:30 p.m. the complainant alongwith Kheduram (PW-1), Umesh Yadav (PW-4) and Lakhan Yadav (PW-7) were standing near their houses and talking. Near to them, Rajesh Dhiwar and some other boys of the said locality were playing ludo. At that time, Shabbu @ Shahbaz Khan, Mohammad Bashir and Mohammad Saleem Khan, who were coming on a motor-cycle from the side of RDA Colony and were going towards Santoshi Nagar. They were making some noises and uttering filthy words which was objected to by the complainant. Being infuriated by the said act, all the three accused persons after getting off of their motor cycle threatened to kill him. The accused Shabbu @ Shahbaz took out a knife and shouted that he would kill him and gave a knife blow on the neck of the complainant, however, in order to save himself, he bent down because of which he sustained knife injury under the left eye. Kheduram Yadav (PW-1), Umesh Yadav (PW-4), Lakhan Yadav (PW-7), Rajesh Dhiwar (deceased) came to rescue the complainant upon which the accused Shabbu @ Shahbaz Khan made a phone call on his mobile and called other accused Mohammad Ishan, Mohammad Afsar and Mohsin Khan. Thereafter, all the accused started assaulting them with knife, bamboo stick, bricks, hands and fists. Accused Shabbu @ Shahbaz Khan assaulted Rajesh Dhiwar, who had intervened to stop the quarrel, with a knife on his stomach who was admitted to the hospital. The further allegation against the appellants/convict is that they have also assaulted the injured Umesh, Khedu Yadav,Lakhan Yadav, and Rupa Bai by means of knife, stone, hands and fist and bamboo stick.