MUSLIM KHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 16th Aug., 2001 convicting the appellant finding him guilty under Sec. 307 of the Indian Penal Code (hereinafter referred to as 'IPC') and order on sentence dated 11th Sept. 2001, whereby the appellant has been sentenced to undergo rigorous imprisonment for three years with fine of Rs. 1,500.00, and in default of fine, to further undergo simple imprisonment for one month, the appellant has preferred the present appeal.

(2.) The facts giving rise to the present appeal are within the narrow compass. It emerges from the record that on 3rd Oct., 1999, when the injured Smt.Sheela Devi was with her husband Sh.Dev Dutt Sharma at home, at about 8.45 p.m., their neighbour Muslim Khan started abusing her husband and asked him to come out so that he could teach him a lesson. The injured Sheela Devi did not let her husband go out instead went out herself and her neighbour Sharda and Ram Murthi were also stated to be there with her. Afterwards, Mulsim Khan, who had an Ustra in his hand, came to the injured and hit her on the left side of her stomach as a result of which blood started oozing and Smt.Sheela Devi was taken to the hospital by her husband and neighbour. It appears from the record that a case under Sec. 324 Penal Code was registered. Statement of witnesses was recorded; site plan was prepared and MLC was procured. The doctor opined the injuries to be grievous in nature and were inflicted with a sharp weapon. Thereafter, Sec. 307 of the Penal Code was added; accused was arrested; disclosure statement was recorded in pursuant whereof, recovery of weapon of offence i.e. Ustra was made which was kept in pulanda and sealed with the seal of CSR. After completion of investigation, the charge sheet under Sec. 307 of Penal Code was filed against the appellant and to which he pleaded not guilty and claimed trial.

(3.) To prove the charges against the appellant, the prosecution examined 10 witnesses. They are; Smt. Sheela Devi (PW-1); Dev Dutt Sharma (PW-2); Smt. Sharda Devi (PW-3); Smt. Ram Murti (PW-4); Dr. M.A. Siddiqui (PW-5); Bharat Singh (PW-6); Hukam Singh (PW- 7); Constable Krishan Kumar (PW-8), Head Constable Satpal (PW-9); and Sub-Inspector Chander Singh (PW-10).