AFZAL KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall also govern disposal of Criminal Appeal No. 522/1998 filed by State for enhancement of sentence passed by same judgment dt. 10.2.1998 passed in S.T.No. 198/1989 by learned Additional Sessions Judge and Special Judge Ujjain, M.P.

(2.) APPELLANTS accused have filed Criminal Appeal No. 235/1998 against the judgment dt. 10.2.1998 passed in S.T. No. 198/1989 by learned Additional Sessions Judge and Special Judge Ujjain, M.P. by which appellant Afjal Khan has been convicted for the offence punishable under Section 148 and 307 of IPC and other appellants have been convicted for the offence punishable under Section 147 and 307 read with Section 149 of IPC. Since legal representatives of complainant have compounded the offence of appellants, therefore, appellants have been acquitted from the charges of offence punishable under Section 148 and 147 of IPC. In this appeal only conviction for the offence punishable under Section 307 and 307/149 of IPC is going to be considered for which appellants have been convicted and sentenced to undergo RI for 4 years and fine Rs. 500/- each with default stipulation.

(3.) THE brief facts of the case are that, on 31.1.1989 at about 9.45 pm accused Afjal Khan, Mohd. Ajad, Shhabir Ahmad, Abdul Hamid, Abdul Rahim, Hafiz Abdul Ajij and Shahid Khan (absconding) attacked on complainant Sarwar and beaten him. It is alleged that accused Shahid and Afzal Khan caused injury to the complainant by using fire arms. Due to enmity of murder of Mohd. Shafi who was father of Afjal Khan by complainant Sarwar Lala. On report of complainant, after investigation and filing of challan, learned Trial court has convicted appellants, in Criminal Appeal No. 235/1998 as mentioned in para 2 of the judgment.