INSAF S/O IMAMUDDIN MUSALMAN, AGE 24 YEARS, Vs. STATE OF MADHYA PRADESH THROUGH P.S. BHAURASA, DISTRICT DEWAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction passed by the 3rd Additional Sessions Judge, Dewas under Section / of Penal Code sentencing appellants to two year rigorous imprisonment.

(2.) SHORTLY stated prosecution story was that on 22.11.1991, appellants and victim were watching cricket match and on a trivial issue there was a fight between appellant Bablu and victim Pradeep. During the fight appellants caught hold of Pradeep and appellant Insaf suddenly took out a knife and assaulted Pradeep. The blow landed on the hip portion. Incident was reported in Police Station and criminal case under Section / was registered against appellants. After investigation, charge sheet was filed. Appellants denied the charges, therefore they were put to trial.

(3.) LEARNED trial Court on consideration of prosecution evidence led in at the time of trial, held that appellants were not guilty of offence punishable under Section / instead found them guilty of offence punishable under section / of the Penal Code and sentenced each of them to 2 years R.I.