SALIM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') is directed against judgment and order dated 24/11/1997 rendered by First Additional Sessions Judge, Shajapur, in S.T. No.207/1996, whereby appellant-Salim has been convicted under Section 325 of IPC for causing grievous hurt to Shakir (P.W.1) and has been sentenced to undergo 2 years R.I and to pay a fine of Rs.1,000/- with usual default stipulation.

(2.) The prosecution story, briefly stated, is that on 03/09/1996 around 3.00 pm appellant Salim went to house of complainant Jamila Bee (P.W.4) who was sitting in front of her house and started hurling abuses upon her, asking not to drain rain water towards his house. As per prosecution, complainant Jamila Bee (P.W.4) agreed for this, however, in the meantime, Shakir (P.W.1), the grand son of Jamila Bee (P.W.4) came there. Allegedly, appellant Salim assaulted Shakir (P.W.1) by stick, thereafter, he came armed with sword and threatened Shakir (P.W.1) to kill by sword. In the meantime, Jamila Bee (P.W4) reach there for rescue of Shakir (P.W.1). Her another grand son Gulam Shabir (P.W.2) also reached there, who allegedly, was also assaulted by appellant-Salim with stick. In the meantime, co-accused Zahid and Zaleel also come to the spot and assaulted Jamila Bee (P.W4) and her daughter-in-law Salma (P.W.6).

(3.) Complainant Jamila Bee (P.W.4) on the same day @ 3.30 pm, lodged F.I.R. (Ex.P/3) regarding this incident against appellant-Salim on the basis of which a case was registered against appellant Salim and co-accused Zahid and Zaleel. During the course of investigation, spot map (Ex.P/9) was prepared. Appellant-Salim as well as coaccused Zahid and Zaleel were arrested. A 'lathi' was seized vide Ex.P/12 from Salim, while a stick was recovered vide Ex.P/13 from Zaleel. Jamila Bee (P.W.4), Shakir (P.W.1), Gulam Shabir (P.W.2) and Salma Bee (P.W.6) were sent for medical examination. Doctor A.R. Awadiya (P.W.5), vide M.L.C (Ex.P/4) found one lacerated wound in between her left little finger and ring finger. Diffused swelling with tenderness was found in the fourth metacarpal phalynx, of left hand of Gulam Shabir (P.W.2) vide report Ex.P/5. Two contusions respectively, on left fore-arm and right infra- scapular region were found on the person of Salma Bee (P.W.6) vide M.L.C Ex.P/6, while diffused swelling on the Parieto-occipital region of Shakir (P.W.1) was found vide report Ex.P/7. On X-ray examination, fracture on 5th metacarpal bone of left little finger was found on the person of Jamila Bee vide M.L.C Ex.P/1, while fracture on left parieto-temporal bone was found on the person of Shakir vide Ex.P/2. After usual investigation, a charge-sheet was filed before the Court of competent magistrate for offences under Sections 323/34, 325/34 & 307/34 of IPC.