MOHD FARUKH Vs. STATE OF M P

JUDGEMENT

(1.) All the appellants have preferred the above mentioned criminal appeals against the common judgment dated 25.6.1996 passed by the learned 8th Additional Sessions Judge, Jabalpur in ST No.314/1989, and therefore all the appeals are decided by the present common judgment.

(2.) The appellants have challenged the judgment dated 25.6.1996 passed by the 8th Additional Sessions Judge Jabalpur in ST No.314/1989 whereby all the appellants were convicted for the offence under Section 307 of IPC and sentenced with five years' RI with fine of Rs.5,000/-, in default of payment of fine, additional RI for one year.

(3.) The prosecution's case, in short, is that the victim Fareed Khan (PW-1) had lodged an FIR at Police Station Cantt., Jabalpur on 23.3.1989 at about 8:20 PM that he went out of the Jabalpur on the previous day and when he came back it was informed that the appellant Ateek Ahmed came in the house of Shribhagwan Sharma and abused the family members of the complainant. Thereafter on 23.3.1989 at about 7:30 PM the complainant Fareed Khan asked Shribhagwan Sharma as to why they abused his family members by yesterday. Shribhagwan Sharma called the appellant Ateek Ahmed who came with a dagger and assaulted Fareed Khan by that dagger near left perineal region. On his shouting his brother Nafees Khan (PW-2) came to the spot and the appellant Ateek Ahmed assaulted him by that dagger on the left of his back. At the time of incident, the appellant Shribhagwan Sharma had held the victim Nafees Khan and at that time appellant Mohd. Farukh also came to the spot and assaulted to Fareed Khan and Nafees Khan. The SHO of Police Station Cantt. registered the crime and sent Fareed Khan and Nafees Khan to the hospital for their medico legal examination. Dr.A.K.Jain (PW-12) examined the victims Nafees Khan and Fareed Khan and gave his report Ex.P-16 and P-17. He found a stab wound to the victim Nafees Khan on the left side of his back, but whose depth was unknown, and therefore he referred him for admission in the Ward and further treatment. The detailed report would have been obtained from the treating doctor. He examined the victim Fareed Khan. He sustained a single stab wound on the left side of his abdomen near perineal region from where omentum was coming out. Dr. Anil Dubey (PW-9) operated the victim Fareed Khan. He found that in the small intestine and large intestine some cuts were found. Mesentery was found cut from two places. Cecum was also found cut. As per his opinion the injury of the victim Fareed Khan was fatal in nature. He also treated the victim Nafees Khan and found that the injury was simple in nature. After due investigation, a charge sheet was filed before the CJM Jabalpur, who committed the case to the Sessions Court and ultimately it was transferred to the learned 8th Additional Sessions Judge, Jabalpur.