SAJID KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 27.02.1999 passed by the Sessions Judge, Shajapur in S.T.No.232/97 whereby the appellant has been convicted for the offence under Section 341, 506(II) and 326 of the IPC and sentenced to undergo 15 days, 2 years and 4 years imprisonment and fine of Rs. 200/-, Rs. 1000/- and Rs. 2000/- respectively with default stipulation.

(2.) The prosecution case in short is that on 16.8.1997 at about 7.30 p.m. complainant Madhukanta went to shop to give tea to her husband. When she was coming back to her house, the accused/appellant Sajjad Khan restrained her in front of Ayurved hospital. She tried to escape then accused threatened to kill her and started inflicting blows of knife due to which she sustained injury on her left forearm and back. Blood was oozing from the wound. After hearing cry of the complainant, her husband Parmanand, Ashok Kumar and Saish came to the spot. After seeing them, appellant tried to assault them also. After threatening he ran away from the spot.

(3.) The appellant abjured his guilt. He took a plea that he has falsely been implicated by the then SHO Maksi due to the enmity. In defence, two witnesses namely ASI-A.K.Sirsa (DW-1) and Azad Khan (DW-2) were examined by the appellant.