MAKBOOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants against the Judgment rendered in Sessions Trial No. 323/02 dated 24/2/2003, thereby finding appellant No. 1 Makbool guilty of the offence punishable under Section 307, Indian Penal Code and appellant No. 2 Yusuf and appellant No. 3 Mohd. Aslam uncle of the offence under Sections 307/34. Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 years with fine of Rs. 7,000.00 (Rupees seven thousand only), in default of payment of fine to suffer 1 year R.I.

(2.) The prosecution case stated in brief before the trial Court is that on 6th August, 2002 at about 8.00 a.m. appellant Makbool alongwith his two companions went to the house of complainant Nahru and asked him to come out. As soon as complainant Nahru came out of his house, accused Makbool asked his companions to finish him and dealt knife blow on chest of the complainant and the second blow was given on his arm. The companions of the accused Makbool also dealt knife blows on his right arm. On shout being raised by Nahru his wife and neighbours gathered. On seeing them accused persons ran away from the spot. First Information Report was lodged in the Police Station, Mahankal Unman of the incident. The offence was registered by police Exh. P/9. Accused persons were arrested and usual investigation was completed.

(3.) Accused/appellants abjured their guilt and after trial finding them guilty, the trial Court convicted and sentenced them as indicated above.