SHAFIQUE SHAH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the Code of Criminal Procedure (hereinafter shall be referred to as ''Cr.P.C'') has been filed being aggrieved by the judgment of conviction and the sentence dtd. 18/8/2009 passed by the Additional Sessions Judge Sohagpur, District Hoshangabad in Sessions Trial No.118/2008 convicting the appellants for the charge of Ss. 302/34 & 450 of the Indian Penal Code (hereinafter shall be referred to as 'I.P.C.') and sentencing them to undergo imprisonment for life and rigorous imprisonment for three years and to pay a fine of Rs.1000.00 in default of payment of fine to further undergo imprisonment for two months each.

(2.) The case of the prosecution in nutshell is that complainant Shakeel, who was in the occupation of tailoring business, lodged the FIR that his elder brother Mohammad Shafique is running the business of general store and grossery in a rented premises (shop) of Khaleel Shah (since deceased). On 22/4/2007 in the morning at about 8 am, his brother Mohammad Shafique went to open his shop and he also proceeded to the market and on his return, when he was crossing the shop of his elder brother, he saw that Shafique Shah and Shakeel Shah (accused persons) have entered in his shop and assaulted him by means of knife. Khaleel Shah was throwing the jars of the general items on the road and threatening his elder brother that if he does not vacate the shop, he would face the dire consequences. When the complainant made an attempt to save his elder brother Mohammad Shafique, the accused persons ran away from the spot. Mohammad Shafique has received two injuries on his person. When the complainant was taking his elder brother to the police station, in front of the shop of Murari Seth, Mohammad Shafique became unconscious and fell down. Mohammad Shafique was admitted to the Sohagpur Hospital with the help of Pawan Choudhary, Mahesh Pachori, Jahar Telkar. The incident was witnessed by Habib Tailor, Abbas, Chhote Khan. It is said that a suit for ejectment was pending between the parties in the competent Court but without awaiting the legal decision from Court, the accused persons wanted to get vacated the shop forcibly, therefore, making assault by means of knife, the injuries have been caused to Mohammad Shafique. When he was brought to the Sohagpur Hospital, Dr.Sudhir Dehariya (PW.13) sent the information to the police station vide Exhibit P/17 on which Assistant Sub Inspector Shri R.K.Mishra (PW.17) registered the Dehati Nalishi vide Exhibit P/11 and asked for the M.L.C report. On the basis of the Dehati Nalishi, the first information report was registered vide Exhibit P/21. The spot map was prepared by Inspector C.P.Dwivedi (PW.16). As the injures sustained by the deceased were severe in nature, therefore, he was referred to the Hoshangabad Hospital where during treatment he succumbed to the injuries for which an intimation was given to the police station whereupon the offence was registered against the accused persons and thereafter the autopsy of the dead body of deceased was conducted by Jitendra Khare (PW.18) vide Exhibit P/22.

(3.) After completion of the investigation, the Challan was filed in the Court of Judicial Magistrate First Class but as the case was triable by the Court of Sessions, therefore, it was committed to the Court of Sessions from-where it was received by the Additional Sessions Judge for trial where the charges of Ss. 302/34, 450, 452, 427 of the I.P.C were framed against the accused persons.