ABID UMED FANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is convicted for the offence punishable under Sec. 307 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.1,000.00, in default of fine simple imprisonment for one month, by the learned Additional Sessions Judge, Darwha in Sessions Trial No.132/2004.

(2.) In brief, the prosecution case is that the complainant Mohammad Hanif Abrubhai Fanan was having Kirana shop and one Star Electricals shop at village Arni, being run by his sons. The injured Mohammad Aalam (PW-1) was his son. On 11/10/2001 i.e. on the day of incident at about 12.00 pm, he sent his son Mohd. Aalam for lunch break. When he was proceeding to his house, an altercation took place between him and accused nos.1 and 2. Mohammad Alam then went to the Star Electricals shop. Accused Abid Fanan, armed with dagger, went to the said shop along with his father-accused no.2. At that time, injured Mohammad Alam came out of the shop and accused Abid assaulted him on his abdomen with the dagger and caused bleeding injuries to him. His blood was spread on the stairs. He was taken to the Rural Hospital, Arni. Accused no.1 was the husband of Mohammad Aalam's wife's sister. Their relations were strained since many days. Therefore, the accused attempted to commit murder of Mohd. Aalam. Report (Exh.75) was lodged by PW-3 at Arni Police Station. Accordingly, Crime No.125/2001 under sec. 307 r/w 34 of the Indian Penal Code was registered against the accused. After conducting the investigation, chargesheet came to be filed.

(3.) The accused were charged for the offence under Sec. 307 r/w 34 of the Indian Penal Code. They denied the charge, their defence was of denial and they also claimed right of private defence. After recording the evidence, the learned Trial Court was pleased to acquit original accused no.2-Umed Umardin Fanan, however, convicted the accused no.1-Abid Umed Fanan. Hence the present appeal.