MOHD. SALIM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment dated 2/8/1996 passed by the Additional Sessions Judge, Panna in ST No.106/1991, whereby the appellants were convicted for commission of offence punishable under Section 325/34 of IPC and sentenced for two years' RI with fine of Rs.1000.00 each. In default of payment of fine, three months rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 8.11.1990 at about 3:00 PM the complainant Sibgattullah along with his father Safatullah and brother-in-law Mehboobullah went to Parighat of Ken River to take a bath near Village Baroli (Police Station Ajaygarh District Panna). The complainant Sibgattullah was sitting on a rock washing his hands and feet. His father went inside the river to wash his bullocks whereas Mehboobullah was washing his clothes. The appellants along with one Aminuddin came to the spot and they shown guns to the complainant that he should not resist. Thereafter the hands and feet of the complainant Sibgattullah were tied by a rope and thereafter accused Aminuddin assaulted him by a stick. Thereafter the appellants stolen a gun belonging to Safatullah. The complainant had lodged a written FIR at Police Station Ajaygarh which was registered on 9.11.1990. The victim was sent for his medico legal examination and treatment. Dr.P.C.Shrivastava (PW-4) examined the victim Sibgattullah and gave his report Ex.P-5. He found as many as 13 injuries to the victim. He was referred for his X-ray examination. Dr.G.P.Singh (PW-2) examined the victim Sibgattullah at the District Hospital, Panna and gave his report Ex.P-3. He found a fracture in the 5th right rib of the victim. After due investigation, a charge sheet was filed before the JMFC Panna, who committed the case for the offence under Sections 394, 397, 412 of IPC to the Sessions Court, Panna and ultimately it was transferred to the Additional Sessions Judge, Panna.

(3.) DURING the trial the accused Aminuddin has expired. Similarly, the victim Sibgattullah has also expired, and therefore he could not be examined. After considering the evidence adduced by the parties, the learned Additional Sessions Judge, Panna, convicted the appellants for commission of offence punishable under Sections 325/34 of IPC and sentenced them as mentioned above.