NASIR KHAN Vs. STATE OF M P

JUDGEMENT

(1.) Judgment in this appeal preferred by the accused Nasir Khan would equally dispose of the connected appeal jointly preferred by the co-accused Awadhsehari and Prabhat Kumar against their respective convictions and sentences. Nasir Khan has been convicted under Section 308 of the Indian Penal Code and the two other accused persons, under Sections 308/34 of the Indian Penal Code and all have been sentenced to rigorous imprisonment for one year.

(2.) Convictions of the three appellants accused are found to be based by the trial Court, on these proved facts: Before the date 17-10-1977, which was the date of incident, Nasir Khan or even the rival claimantP. W. 6 Hariram Vaidya, was not in actual possession of the disputed land, regarding which proceedings under Section 145 of the Code of Criminal Procedure 1973 had been continuing against them since some time past. Both Nasir Khan and Hariram Vaidya had got executed certain agreements and the registered sale deeds with respect to the very disputed land and on the strength of such deeds, both under the rival claims, had been all along making unsuccessful bids to get the actual possession of the disputed land. On the relevant date i.e. on 17-10-1977, Nasir Khan alongwith servants and labourers had started sowing the disputed land with alsi. Parsu alias Purshottam armed with a gun alongwith his henchmen, had arrived at the field to protest aglinst such sowing operation. The appellants accused Nasir Khan and Awadhbebari at the relevant time, sitting at the medh of the field near a tree while the accused Prabhat Kumar and others were busy in sowing operation. A gun was hanging with sling on the shoulder of Prabhat Kumar while be was doing the sowing operation. Nasir Khan, after snatching the gun from Prabhat Kumar, had suddenly fired the gun, which though did not cause any injuries, whatsoever, to Parsu but the terrylene shirt worn by him came to have holes with burnt spots showing the presence of nitrate on the margins of these spots. Baniyan underneath the shirt also came to have blackening. With the proved facts as above, the trial Court, in the light of evidence, convicted and sentenced the appellants accused to the extent as stated at the outset. Hence, now, the present appeal and the connected one.

(3.) The learned counsel for the respective appellants-accused, though not challenging the facts of the incident in the least, has urged that no offence at all, was possible to be made out against Awadhbehari and Prabhat Kumar; and that the only offence that could be made out against the principle accused Nasir would at worst be under Section 324 of the Indian Penal Code but in no case under Section 308 of the Indian Penal Code. Considering the circumstances of the incident, it is principally pressed that sentence of fine alone would meet the ends of justice, particularly when the incident is now about 7 years old and also when Nasir Khan is already on bail throughout since the stage of trial.