CHAND KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Vide Judgment dated 26.8.2002 passed by Additional Sessions Judge, Sironj, District Vidisha, in Sessions Trial No. 134/94 both the appellants have been convicted under Sections 302/34 and 323/34 IPC, and sentenced to life imprisonment with fine of Rs.2000/- each and 6 months R.I. and fine of Rs.1,000/- each, respectively. In this appeal both the appellants have assailed the judgment of the trial Court.

(2.) Prosecution story, as incorporated in the FIR, is that the residential house of Aziz Khan s/o Chhotekhan is near the house of Mohsin-acquitted accused. It was alleged in the report that on 7.11.92 at about 7.30 p.m. Aziz Khan was standing in front of his house. At that time, Chandkhan s/o Bannekhan armed with farsa, Mohsil armed with farsa, Yusufkhan (tried by Juvenile Court) armed with lathi and Naseem armed with lathi came there and shouted that Kadma would not be spared. Apprehending that a quarrel may not take place with Jalal, the witness went behind the house of Chandu Tailor and noticed that 4 accused persons surrounded Jalal and Chandkhan s/o Bannekhan inflicted farsa blow to the deceased hitting him on the side of upper ear. Mohsin is also said to have given farsa blows. Yusuf and Naseem also gave lathi blows in the legs of Jalal. Hearing the noise Abid son of deceased came there and he was also beaten by Yusuf. In the meantime another Chandkhan came there and he was caught hold by the witness and after beating accused persons ran away from the spot. The FIR of the incident was lodged by Aziz Khan (PW11). Jalal was taken to hospital by Dinbhai (acquitted accused). Crime was registered, matter was investigated and after investigation chargesheet was filed.

(3.) During trial prosecution examined as many as 13 witnesses; out of which PW1 to 6, PW 11 and PW 13 have not supported the prosecution and were declared hostile. Learned trial Court placing reliance on the evidence of Abid Khan (PW7) who is the son of deceased and Anisha Bee (PW8) wife of the deceased coupled with the medical evidence of Dr. S.S. Thakur (PW10), convicted the appellants and sentenced them as aforesaid, but acquitted three other accused persons, namely, Mohsin Khan, Din Mohammad and Chandkhan, against which the State has not preferred any appeal, and the convicted appellants have preferred this appeal.