AZIZ Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants have been found to be guilty of an offence punishable under section 307/34 IPC, and each of them has been sentenced to undergo rigorous imprisonment for four years, by Fourth Additional Sessions Judge, Ujjain, in Sessions Trial No. 53 of 1985, vide his judgment dated 7.8.1985. 2. Prosecution charged the accused that they, on 22 of November 1984, around 12.45 in the afternoon, at Nai Sadak Ujjain, in furtherance of their common intention fired a: country pistol at one Sardar Nayata (PW -15), with a view to cause his death. Prosecution examined as many as nineteen witnesses to prove the charge against the accused -appellants, but the material witnesses, apart from Sardar Nayata (PW -15), the injured, are Mushtaq Ali (PW -5), a police constable who claims to be on duty at Nai Sadak, Mohammad Hussain (PW -16), the brother -in -law of Sardar Nayata who had accompanied him.

(2.) THE accused were arrested on 27.11.1984, vide arrest -memo (Ex.P. 21). On completion of investigation, they were charge -sheeted and tried for the above offence. The trial Court convicted the accused and sentenced them to undergo rigorous imprisonment for four years. Hence, this appeal.

(3.) SHRI Jaisingh, learned counsel appearing for the appellants pointed out from para 10 of the impugned Judgment, that the total evidence on this point, as has also been noted by the trial Court, is that soon after firing, he (Sardar Nayata) turning back, saw the accused running. To the same effect is the evidence of Mohammad Hussain (PW -16) and Mustaq All (PW -5), stated that although he could not see as to who threw the bomb, but according to him the appellants were present there. There is no other evidence. None from the locality has supported the prosecution on this crucial point. Jagdish (PW -1), Wahid (PW -2) and Akhil (PW -3), examined by the prosecution, have categorically stated that they did not see as to who had fired. Jagdish (PW -1) and Wahid (PW -2) were declared hostile.