NATTHU KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants were tried for the offence under section 307 I.P.C. by the 3rd Addl. Sessions Judge Damoh, in S.T. No. 2/86 for inflicting incised injuries by means of knife and axe to P.W. 7 Bafati and P.W. 8 Zabir Khan on 31.8.85 at 4.15 p.m. in Futera Ward No.1 Kotwali, Damoh. Shri S.L. Kochar learned counsel for the appellants has contended that the appellant No. 1 Natthu Khan has died who is the real brother of P. W. 7 Bafati.

(2.) BOTH the injured PWs. 7 & 8 were medically examined by P.W. 5 Dr. R.C. Rai and P.W. 6 Dr. V.S. Yadu who have deposed that the injuries found on the person of the injured were not dangerous to life. P.W. 1 Dr. O.P. Dube also examined both the injured and he found fracture on the parietal bone of the head of P. W. 7 Bafati and he did not find any fracture on the person of the Zabir Khan P.W.8. Shri S.L. Kochar has further contended that the appellant had no intention or knowledge to cause the death of any of the injured. There was no intervening circumstances to save the life of the injured if the appellant had any intention or knowledge to cause the death of the injured, therefore, the offence under section 307 I.P.C. is not established.

(3.) ALTERNATIVELY Shri Kochar has argued that the offence has been compromised between the complainant and the appellant outside the Court and a compromise petition has been filed which is pending for permission to compound the offence. Reliance was also placed in the case of Mahesh Chand v. State of Rajasthan (AIR 1988 SC 2111).