Mohd. Amir Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 3208 MP

Madhya Pradesh High Court

Mohd. Amir Khan vs The State Of Madhya Pradesh on 2 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7399 of 2018 (MOHD. AMIR KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 02-02-2024 None for the appellant.

Shri N.K.Shah - Advocate for the complainant.

2. Appellants have filed this appeal under Section 374 of the Criminal Procedure Code, 1973 being aggrieved by the judgment dated 31.08.2018 passed by Additional Sessions Judge, Bhopal, District-Bhopal in S.T. No.198/2013.

3. Appellant No.1 has been convicted for offence under Sections 341, 324, 323/34 of the IPC and sentenced to undergo S.I. for one month with no fine, R.I. for three years and one year with fine of Rs.1000-1000/- respectively, with default stipulation.

4. Appellant No.2 and 3 have been convicted for offence under Sections 341, 324/34, 323/34 and sentence to undergo S.I. for one month with no fine, R.I. for three years and one year with fine of Rs.1000-1000/- respectively, with default stipulation.

5. On going through the nature of incident, it is found that Amir Khan has

assaulted victim Amir @ Lala on his stomach with a knife. At the time of second assault victim has caught hold of the knife which resulted cuts on his right hand.

6. On going through the statement of doctor (PW/6), it is found that there were stab injury near navel of victim Amir S/o Nafees and his intestine were protruded out. Said injury says that dangerous weapon was used in committing the offence.

7. Offence under Section 324 of the IPC is not punishable with death or imprisonment for life and appellants have been sentenced to imprisonment for period of three years. They are suffering since 2013 and facing trial before Court of law.

8. Considering the nature of act committed by them at the time of incident and also taking into consideration the fact that appellants No.2 & 3 were not armed with any dangerous weapon, it is ordered that appellant No.2- Mohd. Shahid Khan and appellant No.3-Mohd. Shareef Khan be released on probation of good conduct on execution of bond for a sum of Rs.50,000/- (Rs. fifty thousand only) each with two sureties each to maintain peace and

good conduct for period of three years.

9. In case of breach of bond, appellants No.2 and 3 shall serve the rest of the sentence period.

10. The appeal stands disposed off in respect of appellants No.2 and 3.

11. A copy of this order be sent to the trial Court for necessary compliance.

12. List the case for final hearing in respect of appellant No.1-Amir Khan.

(VISHAL DHAGAT) JUDGE

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