JAHID Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These criminal appeals have been preferred under Sec. 374 of Cr.P.C. by the appellants being aggrieved by the judgment dtd. 14/3/2023, passed by First Additional Session Judge, Narsinghgarh, District Rajgarh in S.T. No.29/2015, whereby the appellants have been convicted for the offence punishable under Ss. 333/149, 307/149, 332/149 (five counts) and 148 of IPC and sentenced to undergo 10 years, 10 years, 03 years (for each count under Sec. 332/149) and 03 years R.I. respective with fine of Rs.10000.00, Rs.10000.00, Rs.2000.00 (each count) and Rs.2000.00 with default stipulations.

(2.) As per the prosecution story, on 28/7/2014, at about 12:30PM, an accident had happened at National Highway 12 near village Peelukhedi in which, unfortunately, a girl met with the said accident and expired on the spot. On the information, the police reached on the spot. However, due to the said accident, the local residents of the village had jammed the National Highway. Police authorities tried to calm the mob, but they were unturned. At that time, accused Ansar, Bulla @ Fharukh, Jahid, Mustak, Nuruddeen, Mannu having armed with iron rode and stics other accused namely Saleem, Usmaan, Irfan, Tajuddin, Juber, Bhola and 4-5 other persons jointly interrupted the police action and with intention to kill the police personnel they have assaulted Hariprasad, Durgaprasad, Shashibhushan Bhadoriya, and Ramnarayan. The police team called the extra force and thereafter, on being seen the extra force, the accused persons involved in the mob fled away from the spot. On the date of incident, a Dehatil Nalishi was registered on the basis of the statements of complainant Irfan Ahmad Khan and later on, on the same day, the FIR was registered after taking the dying declaration of injured Hariprasad by Nayab Teshsildar and he was referred to Bhopal Care Hospital, Bhopal. Other injured police personnel were also sent for medical treatment. Spot map was prepared, statements of the witnesses were taken, blood stained cloths were recovered and sent for FSL and thereafter, after following the due procedure, the police registered the FIR against the appellants under Ss. 347, 148, 353, 333, 332, 307/149, 326/149, 325/149 and 323/149 (6 counts) of IPC. Thereafter, charge-sheet was filed in the Court of Judicial Magistrate First Class-Narsinghgarh and the case was committed to the Court of Sessions.

(3.) In the sequel thereoff, the appellants were tried and charged under Ss. 347, 148, 353, 333, 332, 307/149, 326/149, 325/149 and 323/149 (6 counts). They abjured their guilt and took a plea that they had been falsely implicated in the present crime and prayed for trial.