LAWS(MPH)-2010-11-45

SIDDAR KHAN Vs. STATE OF MP

Decided On November 09, 2010
SIDDAR KHAN S/O RAHIMKHAN Appellant
V/S
STATE OF MADHYA PRADESH THROUGH P.S. GORMI Respondents

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 17.4.2001 passed by learned Sessions Judge, Bhind, in Sessions Trial No. 142/1999 convicting appellants under Cr.A. No. 235/01 Section 302/34 as well as under Section 324/34 of IPC and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment, the appellants have knocked the doors of this Court by preferring this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that there is enmity between Siddar Khan and Ashraf Khan (appellants 1 and 2) on one side and Ismail Khan (complainant) on the other side earlier to the incident and making it a point to cause death of the deceased, all the appellants on 29.3.1999 at about 8.30 p.m. sharing the common intention to cause death, came to the house of Natthe Khan (hereinafter referred to as the deceased) carrying Dhariya (sharp edged weapon) in their hands. On seeing the deceased, all the appellants assaulted him. It is the further case of prosecution that appellant Ashraf Khan, Siddar Khan and Nanhe Khan caused blows by Dhariyas, which they were carrying to the deceased. One blow landed on the left side of head and other injuries were caused on the temporal region as well as on the hands. On hearing the shriek of the deceased, his son complainant Ismail Khan came to the spot and when he tried to rescue his father (deceased), it is said that appellant No. 4-Allah Khan caused Dhariya blow to him. The entire episode has been witnessed by Sukhe Khan and Siddar Khan. After causing injuries to the deceased, all the accused persons fled from the place of occurrence.

(3.) After the incident took place, the deceased was brought in injured condition by complainant Ismail Khan to police Station Gormi where he lodged FIR. On lodging of the FIR, criminal law was triggered and set in motion.