Hafij Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 20724 MP

Madhya Pradesh High Court

Hafij Khan vs The State Of Madhya Pradesh on 7 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                1
                            IN       THE       HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                 ON THE 7 th OF DECEMBER, 2023
                                               CRIMINAL APPEAL No. 1739 of 2006

                           BETWEEN:-
                           HAFIJ KHAN S/O MUNNU KHAN, AGED ABOUT 35
                           YE A R S , BHATPURA P.S. SIRALI DISTT. HARDA
                           (MADHYA PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI L. N. SAKLE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH

                                                                                          .....RESPONDENT
                           (BY SHRI ANOOP SONKAR - PANEL LAWYER)

                                    Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                                 ORDER

This appeal is filed by appellant Hafij Khan S/o Munnu Khan being

aggrieved of the judgment dated 29/08/2006 passed by the learned IInd

Additional Sessions Judge, Fast Track Court, Harda in S.T. No. 270/2004 whereby convicting the appellant under Section 324 of I.P.C. while acquitting 13 other co-accused persons from the charges under Sections 294, 147, 324/149, 323/149 and 506-B of I.P.C.

It is submitted that even the present appellant has been acquitted of the charges under other sections but has been convicted under Section 324 of I.P.C.

It is submitted by Shri L.N. Sakle that the incident took place on 17/04/2004 at about 12 noon. It is submitted that the present appellant had filed a counter case against the complainant party wherein the complainant party has been convicted under Section 307 of I.P.C. in S.T. No. 271/2004 decided by

the same court of IInd Additional Sessions Judge, Fast Track Court, Harda. It is further submitted that the appellant is innocent and he has been falsely implicated.

As per the prosecution story, complainant is resident of village Bhatpura engaged in the occupation of agriculture. On 17/04/2004, the marriage function of daughter of Maqbool Chacha was to be performed. The complainant had

gone there for having his lunch. After performance of Nikah, all the villagers were having their food when a glass of water had slipped from the hands of the complainant and had fallen on the hands of Nouser, as a result of which scuffle took place between the complainant Yasin and Nouser. The allegation is that at that point of time, Hafij, Yasin, Noushe Khan, Ahmed Khan, Ahmed S/o Kuddu Khan, Nawab Khan, Aslam Khan, Jibrail Khan, Munnu Khan, Chhote Khan, Chunnu Khan and others started abusing the complainant.

Hafij had attacked him with a knife causing injury on the left wrist and finger of the left hand. Other persons had caused injuries with kicks and fist.

It is submitted that the appellant is not contesting the case on merits but submits that looking to his age which is now about 60 years, he be given benefit as there is no criminal history. He is innocent.

Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2006, appeal is partly allowed. The conviction of the appellant is maintained, however,

the sentence is reduced to the period already undergone by the appellant subject to payment of additional fine of Rs.1,000/- to be disbursed in favour of the complainant. The appellant is on bail, his bail bonds are hereby discharged.

In above terms, the appeal is disposed of.

Record of the court below be sent back.

(VIVEK AGARWAL) JUDGE vy