MOHAMMED NAZIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal by accused appellant Mohd. Nazim has been preferred against the judgment and order dated September 29, 2000 passed by the Special Judge (Communal Riotes Cases), Tonk by which he convicted the accused appellant for the offence under Sec. 304 (I) I. P. C. and sentenced him to 10 years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine, to further undergo imprisonment for one month.

(2.) SUCCINCTLY stated that contextual facts of the case are, that on 12. 8. 1998 PW-1 Ahmed Khan, complainant lodged a written report, Ex. P1 at Police Station Kotwali, Tonk alleging therein that while his grand son Kafil along with PW-5 Irfan and PW-14 Arif was on way to market, appellant Mohd. Nazim called all of them at his shop and asked Kafil (since deceased) as to where the goat has eaten his male organ, where the stitches were put and that why he was defaming him. There-upon, some altercation took place between accused Nazim and deceased Kafil. The accused picked up scissor and inflicted its blow on the right side of chest of Kafil Ahmed. Arif informed the complainant about the incident happened. The complainant and his son khalil Ahmed immediately rushed to the place of incident and took kafil Ahmed to the Hospital at Tonk and got him admitted. After a short- while, the doctors declared him dead.

(3.) THE prosecution, in support of its case examined as many as 14 witnesses and exhibited various documents. THEreafter, accused was examined u/sec. 313 Cr. P. C. THE accused in his explanation has admitted to have inflicted scissor blow in exercise of the right of his private defence, at his shop. He further explained that he had made a complaint to Ahmed Khan (grand father of deceased), thereupon, Kafil came to his shop and started belabouring him by a stick (danda ). Scissor was lying in the shop, which came in his hand and that he defended himself by inflicting blow by scissor.