ABDUL NAYEEM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 7.10.1997 passed by the learned Second Additional Sessions Judge, Seoni in S.T.No.38/1996, whereby the appellants were convicted for the offence punishable under sections 436 read with section 149 and 147 of IPC and each sentenced for 3 years' rigorous imprisonment with fine of Rs.500/- and fine of Rs.1,000/- respectively. In default of payment of fine, each of them has to undergo for 2 and 4 months' additional rigorous imprisonment respectively.

(2.) PROSECUTION's case, in short, is that, on 31.1.1996, at about 9 p.m. in the night, the complainant Mohd. Ishaq (P.W.1) was doing some work in his house situated at village Mararitola, Bahmni, Police Station Kanhiwada, District Seoni. The appellants came and abused the victim. The complainant came outside his house and tried to convince the appellants but, Nayeem Khan assaulted him by a stick causing him injuries near right thumb. Shafiq Khan also assaulted him by a stick causing him injuries on his left arm. Shamim Khan pushed his stick in the abdomen of the complainant and thereafter, the complainant went inside the house and closed his door. The appellants tried to knock the door of the complainant and thereafter, they shouted that set the house of the complainant on fire. Ultimately, the appellants set the house of the complainant on fire and went away. The complainant came outside of his house and with help of Jaywanti Bai (P.W.2), Rajendra (P.W.4), Lekhram and so many other persons, he poured water on the portion of the house, which was set on fire by the appellants. The complainant went to the Police Station Kanhiwada on 1.2.1996 and lodged an FIR, Ex.P/2 at about 10.30 a.m. in the morning. In the FIR, he had also mentioned that in the noon of 31.1.1996, some cloth vendors came to the village and the appellants Rashid and Shafiq destroyed their shops, whereas, the complainant tried to save the property of the cloth merchants and therefore, in revenge such a crime was done by the appellants. The police sent the complainant to the Government hospital, Kanhiwada for his medico legal examination and treatment. Dr.K.K.Sevte (P.W.5) had examined the complainant Ishaq and gave his report, Ex.P/ 7. He found abrasions on the abdomen and left arm of the complainant and there was swelling on his right dorsal aspect. Injuries were simple in nature. After due investigation, a charge-sheet was filed before the JMFC, Seoni, who committed the case to the Sessions Judge, Seoni and ultimately, it was transferred to the Second Additional Sessions Judge, Seoni.

(3.) AFTER considering the evidence adduced by the parties, the learned Additional Sessions Judge acquitted the appellants from the charges of offence punishable under section 294, 341 of IPC but, convicted them for the offence punishable under sections 147 and 436 read with section 149 of IPC and sentenced them as mentioned above.