SHAHJAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shri Bhaskar Agrawal, learned counsel for the appellant. Shri R.S.Darbar, learned public prosecutor for respondent State. With consent of the parties the matter is heard finally. 1. This is an appeal against judgment and order dated 25.6.2018 passed in Sessions Trial No.324/2015, whereby, the learned Session Judge, District Indore has convicted the appellant under Section 307 of IPC and sentenced him to undergo 5 years R.I with fine of Rs.1000/- in default of payment of fine further to undergo three months R.I.

(2.) The facts giving rise to present appeal are that on 21.1.2015 at about 4:00 in the evening when the complainant Shahrukh had gone to see his Aunt (Mausi), her neighbour Shahjad (appellant) was scolding her as water thrown by her in the street had splashed on his clothes and had dirtied them. The complainant tried to exhort him, but he got annoyed, started abusing him and suddenly took out a knife from pocket and gave a blow on right side of chest, which started bleeding. Salman, Shahrukh and other persons intervened and rescued him and took him to the hospital.

(3.) On receiving information, the police also reached in the hospital and deduced Dehatinalsi ExP/1, which was registered at Crime No.108/15 under Section 294 , 307 of IPC (Ex.P/12). The police carried out investigation, prepared spot map Ex.P/14, arrested the accused (Ex.P/4), interrogated him and recovered knife article B from his possession (Ex.P/5&6), obtained treatment papers of the complainant, raised query to the doctors in respect of nature of injuries of the complainant, which was replied stating that the injuries might have been dangerous to life if would not have been treated on time, raised query as to whether the injury may be caused by the knife recovered from the accused, which was also replied in positive (Ex.P/7,8(1) to 8(12), 9, 10 and 11), sent the knife and shirt of the complainant to the FSL, who confirmed presence of human blood on both the articles (Ex.P/17-19). After completing investigation, the charge sheet was filed, which culminated in the conviction and sentence of the appellant as stated in para 1 above.