RAJJAB ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 30.4.2012 passed by learned Additional Sessions Judge, Shahdol in S.T.No.260/2004, whereby the appellant was convicted and sentenced as under:-

(2.) PROSECUTION's case, in short, is that, on 12.6.2001, the complainant Kripashankar Dwivedi (P.W.1) was deputed as Chief Guard before District Jail, Shahdol. His duty was affixed at the main door of the jail in between 10 a.m. to 2 p.m. At about 12.30 p.m., some persons were meeting the detainue Firoz Khan. The appellant and one Narendra were also standing there. At about 1 p.m., the jailor Shri Paul went out of his office. The complainant directed the detainue Firoz Khan to go inside the jail. The appellant and one Firoz Khan went inside the jail but, Narendra Shukla remained there. He assaulted the complainant Kripashankar Dwivedi by a knife on his head. Thereafter, the appellant Rajjab Ali, Rizwan, Naresh, Jugal, Kamta Sinti @ Manoj, Pappu @ Omkar and Firoz Khan came near the gate and they shouted to kill the complainant. Some of them had screwdrivers, whereas some of them had daggers. They assaulted the complainant Kripashankar and thereafter, keys of the lock were snatched. Telephone was disconnected and all these persons ran away from the jail. On shouting of the complainant Kripashankar, Guard Harishchand Chourasiya (P.W.2) also arrived at the spot, who rung the bell in the jail and therefore, jailor Shri R.K.Sharma (P.W.3) and other persons of the staff came to the spot. The complainant Kripashankar was taken to the district hospital, Shahdol for his medico legal examination and treatment. Sub Inspector Shri S.D.Sharma (P.W.5) contacted him and lodged a Thereafter, case was registered before Dehatinalsi, Ex.P/1. the Police Station Kotwali, District Shahdol. Dr.Vikram Singh (P.W.7) examined the victim and found that he sustained so many injuries. He had incised wounds below his right eye, on the right skull, right side of abdomen and one abrasion on upper lip. All the injuries could be caused by sharp cutting weapons. Dr.Vikram Singh gave his report, After due investigation, a charge-sheet was filed Ex.P/15. before CJM, Shahdol, who committed the case to the Sessions Court and ultimately, it was transferred to Additional Sessions Judge, Shahdol.

(3.) I have heard the learned counsel for the parties.