NOOR MOHAMMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have filed this criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dated 27.6.2019 passed by the Fourth Additional Sessions Judge, Sagar in Criminal Appeal No.33/2019 whereby affirming the Judgment dated 8.2.2019 passed by the Court of JMFC, Sagar in RCT No.3622/2013 thereby convicting each applicant for offence punishable under Sections 323/34 I.P.C. (two count) and sentence to undergo R.I. for 6 months and fine in sum of Rs. 500/- each with default stipulation and under Section 325/34 sentence to undergo R.I. for 1 year and fine in sum of Rs. 500/- each with default stipulation.

(2.) The case of the prosecution against the applicants before the trial Court, in short, is that each applicants were in drunken condition and passing in front the house of injured Mohd Sadiq (PW-3) and Mohd Shamsher (PW-4). On account of previous rivalry, the applicants started abusing pertains to mother and sister of the injured. When both the injured stopped abusing filthy words, applicant No.1 Noor Mohammed inflicted injuries on Sadiq by sharp knife, applicant No.2 Mohammed Zahur @ Lalu assaulted on Shadiq by means of iron rod and applicant No.3 Rovi @ Nurul Hasan assaulted by kick and fist. When brother of injured Shamsher came to save Sadiq, all applicants beat him. He also received injuries. In the incident Shazadi (PW-4) also received injury. The injured went to lodge the report in the police station Gopalganj, district Sagar, sent for medical examination. Dr. A.K. Jain (PW-1) examined both the injured and found a lacerated wound in the left hand and one lacerated wound on the head of the injured Shamsher and one lacerated wound was found in the left thigh of Sadiq. There was a swelling on the left thigh of the Injured. He was sent for further treatment. M.L.C. report of Shamsher is Ex.P-1 and M.L.C. report of Sadiq is Ex.P-4. Dr. Sudhir Jain (PW-9) treated Mohd Sadiq and found fracture of Femur Bone of left thigh. X-ray report is Ex.P-15. Ram Gopal Shukla (PW-8) submitted the charge sheet before the Court of J.M.F.C.

(3.) Trail Court framed the charges against each applicants. Each applicants abjured their guilt. After conclusion of the trial, trial Court delivered a judgment on 8.2.2019 acquitted each applicants for the offence under Sections 294, 506(II) and 324 (two counts) of the I.P.C, however, convicted each applicants for offence punishable under Sections 323/34 (two counts) and 325/34 of the I.P.C. and passed sentence as mentioned above.