SIYADEEN @ BHAKADA KOL Vs. STATE OF M P

JUDGEMENT

(1.) This Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in short called as "Cr.P.C.") is directed against the judgment of conviction dated 19.05.2009 under Sections 307 and 302 IPC and order of sentence for the said offences for 10 years and RI for life respectively, with fine and default stipulation.

(2.) Draped in brevity, the story of prosecution is that on 8.10.2008 (Wednesday) at around 12:30 p.m., complainant Putti Bai (PW/1) came out of her house to call certain girls to invite them for a feast ('Kanya bhojan'). In midway, the complainant was stopped by appellant who abused and threatened her. The complainant objected and; in turn, the appellant threatened her with a knife. The complainant tried to escape and ran towards her house. She was followed by appellant and in front of house of Deoraj the appellant could caught hold of the complainant and attacked her by knife because of which her left wrist, left and right thighs got knife injuries. There was bleeding from the said wounds and the complainant cried to save herself pursuant to which her father Mahajan Kol came out from his house and tried to save the complainant. The appellant left the complainant and attacked at Mahajan's chest with the knife. Mahajan fell down on the road then appellant threw a stone on the head of Mahajan because of which Mahajan died at the spot. The appellant fled away from the place of incident.

(3.) The complainant with her cousin Harideen went to the Police Station, Chandia at around 13:05 p.m. and informed about the incident on the strength of which FIR Exh. P/2 was recorded.