SHEIKH AHMED Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed by the appellant/accused under Section 374(2) of the Cr.P.C. being aggrieved by the judgment dated 20.6.96 passed by the Xth Addl. Sessions Judge, Jabalpur in S.T.No.951/93 convicting the appellant under section 307 of the IPC for RI 5 years with fine of Rs.2000/- In default of depositing the fine amount further RI six months has been awarded.

(2.) The facts giving rise to this appeal in short are that on dated 3.3.1991 at about 14.35 in the noon, complainant/victim Taj Mohammad lodged the FIR at P.S Omti, Jabalpur contending that today in the morning, on account of flying the dust while cleaning the premises as also on account of some earlier incident between Shahjahaan (PW 4) and Shamshad (PW 7) his wife and daughter and the appellant relating to purchase of clothes, the appellant slapped his daughter Shamshad Begam. At the time of aforesaid incident, he was not present but on his returning from the market because of aforesaid he also slapped the appellant, on which, he was subjected to blows of knife by the appellant resultantly he sustained the injuries on the right side of his chest, right leg and left thigh. At the same time, Bhura alias Shannu, the father of the appellant also came and gave him the blows of the stick by which also he sustained injuries. Immediately after the incident the victim went to the aforesaid Police Station and lodged the FIR (Ex.P/2). On which, he was sent to the hospital, where after his medical examination, his MLC report (Ex.P/ 10) was prepared by Dr.O.P.Verma (PW.8), from where for further treatment he was referred to Medical College, Jabalpur where again his medical report (Ex.P/16) was prepared. The appellant and his father were arrested, the interrogatory statements of the witnesses were record. During the course of the investigation, the co-accused Bhura alias Sannu died. After completion of the investigation, the appellant was charge sheeted for the offence of section 307 read with section 34 of the IPC.

(3.) After committing the case to the Sessions Court, on framing the charge against the appellant for the offence of section 307 of the IPC, he abjured the guilt, on which, the trial was held. On appreciation of the evidence, by holding him guilty for such offence, he was punished with the sentence as mentioned above, on which, he has come to this court with this appeal.