BABLOO SHEIKH AYUB Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 26.4.1997 passed by learned IIIrd Additional Sessions Judge, Chhatarpur in ST No.67 of 1993 whereby the appellant was convicted for offence punishable under Section 324 of I.P.C and sentenced for two years rigorous imprisonment.

(2.) PROSECUTION's case in short is that on 9.3.1993 at about 9.00 p.m in the evening the appellant and accused Smt. Shahjahan went to the house of one Sheela Yadav (P.W.2) situated in township of Ishanagar, District Chhatarpur. At that time Dhandhu, servant of Sheela Yadav (P.W.2) was sleeping in the house. The appellant knocked the doors of house of the complainant and complainant Sheela Yadav opened the door. The appellant informed her that he had some work with Dhandu. Sheela Yadav informed him that Dhandu was sleeping. In the meantime, Raffan (D.W.1) reached to the spot and Raffan was directed to call the servant Dhandu. Sheela Yadav told the appellant to go back to his home but, he stayed there. When Sheela Yadav turned to go inside the house, the appellant Babloo @ Sheikh Ayub assaulted her by a knife. He gave five strokes. Ultimately, Sheela Yadav fell to earth and became unconscious. Thereafter, both the accused ran away. Sheela Yadav was taken to the Police Station, Ishanagar at about 11.30 in the night and she had lodged an FIR Ex.P/6 at the Police Station. She was sent to the Primary Health Centre, Ishanagar for her examination and treatment. Dr. Manik Chand Meghwani (P.W.5) examined her and gave a report Ex.P/15. After due investigation a charge sheet was filed by SHO Ishanagar before JMFC, Chhatarpur. Case was committed to the Sessions Court, Chhatarpur and ultimately transferred to IIIrd Additional Sessions Judge, Chhatarpur.

(3.) THE appellant abjured his guilt. He took a plea that he was falsely implicated in the matter. In the defence Raffan (D.W1) and Dhandu (D.W.2) were examined. On consideration of evidence adduced by both the parties, learned Additional Sessions Judge acquitted the appellant from the charges punishable under Section 307 of I.P.C but convicted him for offence punishable under Section 324 of I.P.C and sentenced him as mentioned above whereas co- accused Smt. Shahjahan was acquitted from all the charges.