SHEIKH AASHIF Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under S. 374(2) of the Cr. P. C. against the impugned judgment and order passed by learned Additional Sessions Judge, Burhanpur in S. T. No. 234/2007 judgment dated 11-8-2008 whereby convicted the appellant under Sec. 307 and 332 of I.P.C. and sentenced to undergo R. I. for 7 years and fine of Rs. 2,000/- in default whereof to undergo R. I. for 1 year 6 months and R. I. for 3 years and fine of Rs. 1,000/- in default whereof to undergo R. I. for six months respectively.

(2.) In nut shell, the prosecution case as placed before the trial Court is that on 1-9- 2007 appellant was convicted under S. 25(1)(B)(b) of the Arms Act in Criminal Case No. 3556/06 by learned Judicial Magistrate, First Class, Burhanpur and sentenced to R.I. for 2 years with fine of Rs. 500/-. At the time of pronouncement of judgment complainant (PW 1) Shiv Kumar Yadav was reader and witnesses Saeed, Deposition writer, Rukmani Shah Execution clerk, Rajendra Chaudhary, Peon and Kamal Singh, constable Court moharir were also serving in the same Court. After pronouncement of the judgment appellant was brought in front of the table of complainant for signing of the order-sheet. At this juncture appellant picked up a blade lying on the table for the purpose of cutting cotton tag and caused incised wound below right ear to Shiv Kumar Yadav the complainant. Complainant Shri Yadav was immediately taken to the hospital where attended by (PW 18) Dr. Mumtaj Hussain Ansari who issued medical report Ex. P/15. Dehati Nalishi was recorded by A. S. I. Ramesh Piplodiya who was posted at police out post Neharu Government Hospital Ex. P/1. On the basis of this Dehati Nalishi in Kotwali police Burhanpur, First Information Report (F.I.R.) Ex. P/8 was registered for the offence under S. 333/307 of I. P. C. Complainant was also examined and treated by (PW 24) Dr. Jinuddin Bohara who recorded bed head ticket Ex. P./24. The Investigating Officer prepared spot map and also collected blood in cotton from the floor of the Court room. Blood stained shirt and handkerchief of the complainant were also seized. Police after recording the statements of the witnesses acquainted with facts of the case, filed charge- sheet against the appellant for the above mentioned offence. Appellant denied charges, therefore, put on trial. He did not examine any witness in, defence, however, in accused statement recorded under S. 313, Cr. P. C. in answer to questions Nos. 11 and 12 appellant admitted causing of injury to complainant Shiv Kumar by blade which was lying on the table in Court room. Prosecution examined as many as 24 witnesses and adduced in total 24 documents to prove its case. Learned trial Court after hearing both the parties convicted and sentenced the appellant as mentioned hereinabove.

(3.) Having heard learned counsel for the parties and after perusing entire record carefully, it is boiled out that conviction is based mainly on eye witnesses account, statement of complainant (PW 1) Shiv Kumar Yadav and medical evidence of (PW 18) Dr. Mumtaj Hussain Ansari as well as (PW 24) Dr. Jinuddin Bohara.