SAEED @ SYED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short " Cr.P.C ") being aggrieved of the judgment dated 01/02/1999 passed by Second Additional Sessions Judge, District-Khargone, in Sessions Trial No.117/1995, whereby the appellant has been convicted for offence punishable under Sections 307 of IPC, 1860, sentenced to undergo 7 years R.I and a fine of Rs.500/- with usual default stipulation.

(2.) Prosecution story in short is that on 17/01/1995 at about 8.00 pm, the complainant Rajpalsingh was sitting in his shop situated at village Bhatalpura, at the same time the appellant along with other co-accused persons namely Ramzan and Habib came there and started hurling filthily abuses upon him. Bharatsingh, the elder uncle of the complainant talked to the appellants and tried to stop them from hurling abuses. The accused persons started assaulting Bharatsingh, thereafter, Lokendrasingh, the younger uncle of the complainant went in rescue then the accused persons also beaten him. After that appellant Saeed @ Syed went to his house and brought a knife. He threatened Lokendrasingh that he will kill him and gave a knife blow on his abdomen due to which he sustained injury. During the incident, Kalusingh, Laxmansingh and Sukhlal came there, intervened and rescued the complainant party. Complainant lodged a report at Police Station Bhikangaon. On the basis of which FIR bearing Crime No.180/1995 was registered against the accused persons for offence under Sections 307 / 34 of IPC, 1860. The injured Lokendrasingh was taken to hospital for treatment.

(3.) During investigation Police reached the spot and prepared spot map, seized blood stained earth and plain earth, recorded the statement of the witnesses, arrested the appellant and at his instance, recovered iron knife from his possession. After completion of investigation, charge- sheet was filed against the accused persons for offence under Sections 294 , 307 , 34 of IPC, 1860 before the Judicial Magistrate First Class, Bhikangaon, District Khargone who committed the case to the Court of Sessions Judge, Mandleshwar, which was transferred to the Court of Second Additional Sessions Judge, Khargone.