NOOR MOHAMMAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant- Noor Mohammad S/o Sher Mohammad aged about 24 years, resident of Village Ghurra, Police Station Baghchini, District Morena under Section 374 of Code of Criminal Procedure, 1973, being aggrieved by judgment dated 03.04.2014 passed by the Court of First Additional Sessions Judge, Joura, District Morena, in Session Trial No.198/2010, whereby appellant, who was charged under the provisions of Sections 307 and 341 of IPC has been convicted under Section 326 of IPC with five years of R.I. and fine of Rs.5000/-. Similarly, under Section 341 of IPC, he has been convicted and a fine of Rs.500/- has been imposed on him.

(2.) It is submitted that appellant- Noor Mohammad is innocent and has been falsely implicated. It is also submitted that appellant was in custody from 10.03.2010 to 25.03.2010 i.e. for a period of 17 days during trial and was in custody from the date of judgment i.e. 03.04.2014 till 26.08.2014 when his sentence was suspended. Thus, it is submitted that he has faced a sentence of more than 5 and 1/2 months and that period be declared as undergone and his bail bonds be discharged.

(3.) According to the prosecution story, on 07.03.2010 at village Ghurra, Bablu S/o Jamal Khan was taking bath at a public well when appellant- Noor Mohammad reached there and asked Bablu to leave the well for him. When Bablu protested, then Noor Mohammad grabbed Bablu and had beaten him with fists. Bablu could escape from the clutches of appellant when allegation is that Sher Mohammad, Ummed Khan and Zafar surrounded Bablu from behind and in the meanwhile, present appellant- Noor Mohammad brought a farsa and had given a farsa blow on the head of Bablu. Thereafter, Noor Mohammad had given second blow, which Bablu saved with his left hand but in that process, got grievously injured. This incident was seen by Monesh Khan, Khalil Khan so also Chhabil Khan and Munna Khan. On the date of the incident itself at about 1.30 pm, FIR was lodged, crime was registered and statements under Section 161 of Cr.P.C. were recorded on Bablu recovering from such injuries and then on the memorandum given by Noor Mohammad after his arrest on 09.03.2010, farsa was seized from the house of the appellant.