MEHMOOD QURESHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) T his Criminal Appeal has been preferred being aggrieved with the judgment and conviction passed by the First Additional Sessions Judge, Harda in Sessions Case No. 32/2008 dtd. 24/3/2009 by which the appellants have been convicted for the offence punishable under Ss. 452, 323 r/w Sec. 34 and under Sec. 506 (2) of IPC and sentenced to undergo RI for 1 year and fine of Rs.2500.00, RI for six months and fine of Rs.1000.00 and RI for 1 year and fine of Rs.2500.00 respectively with default stipulations.

(2.) The appellant No. 3-Hameed Qureshi @ Babbi has expired on 14/5/2010 and hence, his appeal abate.

(3.) The prosecution case before the trial Court was that on 18/11/2007, the Claimant- Hamid Pahalwan was at his home and at that time, the appellants with the deceased co-accused entered into his home carrying a sword, knife, lathi and rod and stated that his son Zahid has committed an accident and started beating him by lathi, rod, knife and sword and as a result of which, he sustained the injuries. The report was lodged at police station Harda as Crime No. 707/2007 under Ss. 458, 324, 323 and 506/34 of IPC. The victim was medically examined. The spot map was prepared. After completion of investigation, the charge-sheet was filed before the Chief Judicial Magistrate, Harda and upon committal of the case, sent for trial before the trial Court.