HAIDER MUNDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 25 th August, 2007 passed by Sessions Judge, Jabalpur in Sessions Trial No. 11/2007, convicting the appellant under Sections 302 and 323 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 1000/- and rigorous imprisonment for 2 months, on each count respectively.

(2.) In short, the prosecution case is that on 27.11.2006, when complainant Sajjad was sitting in his house with his father Khaju Usman and elder brother Mohd. Afaq, at about 9.30 P.M. Nadira Bano reached there and informed that accused Hyder @ Munda, Sabir and Babloo were assaulting his brother Abbu @ Abrar. They all rushed to that spot and saw accused persons assaulting Abbu with fists. Accused Sabir was armed with sword. When they tried to save Abrar, accused persons scuffled with them. When accused Sabir started beating Sajjad, his father Khaju Usman came to rescue him. Accused Hyder @ Munda then dealt a knife blow in the abdomen of his father, as a result his intestine protruded out. On their shouting, people from the village gathered there. Sajjad went to police station Hanumantal and lodged the report Ex. P/1 at 9.45 P.M.. Police sent Khaju Usman to Victoria Hospital, Jabalpur. Dr. Gopal Tirthani (PW13) examined his injuries. When Khaju Usman was being shifted to a private hospital, he succumbed to his injuries.

(3.) Dead body of Khaju Usman was then brought to police station. Police conducted inquest proceedings and referred the body for postmortem examination to Medical College, Jabalpur. Dr. Mukesh Agrawal (PW14) performed postmortem examination of the body and found one stab injury on the left side of abdomen of deceased. Intestine was protruding out from the wound. He opined that cause of death of deceased was internal haemorrhage because of the stab injury. The injury was ante-mortem in nature.