WAHID KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal arises from the judgment dated 24-12-1996 passed by Sessions judge, Khandwa in S. T. No. 176/1993, whereby the appellant has been convicted under Section 307 of the IPC and sentenced to undergo R. I. for 3 years. He is one amongst the persons, who were prosecuted and charged with the offences punishable under Sections 148,332 and 307 read with Section 149 of the IPC, for rioting and attacking the police patrol party with deadly weapons. However, for the reasons recorded in the impugned judgment only, the learned Trial Judge acquitted the other eight accused of all and the appellant of the remaining charges.

(2.) THE prosecution story, in short, may be narrated as under:-

(3.) THE appellant as well as the other accused denied the charges. When examined, under Section 313 of the Code of Criminal Procedure (for short, 'the Code'), co-accused Sheikh Jameel asserted that the police party had picket up a quarrel with the female members of their family who, in violation of the prohibitory order, had gone to fetch water for drinking. According to him, the police personnel not only assaulted the women folk but also fired gun shots in the air before entering into his house to beat him. The appellant also pleaded that the police party trespassed into his house at the time when his aunt was going to offer Namaz (prayer to God ). As per his statement, the police officials first struck his aunt with sticks and on his expressing intention to make a complaint, not only belaboured him but also caused damage to his household goods and, in the process, they took away his wrist watch and camera.