IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

nd

ON THE 22 OF JANUARY, 2026 CRIMINAL APPEAL No. 2146 of 2011 WAHEED AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Amit Verma - Advocate for the appellants.

Ms Vineeta Sharma - Dy. Government Advocate for the respondent/State.

JUDGMENT This appeal has been filed by the appellants, namely, Waheed and Ibrahim under Section 374 (2) of Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 12.09.2011 passed by the Sessions Judge, Bhopal (M.P.) in Session Trial No.177/2010 whereby both the appellants have been convicted under Section 324 of IPC and sentenced to undergo R.I. for three years with fine of Rs.500/- with default stipulation. In addition, appellant No.2 Ibrahim has also been convicted under Section 25(1- B) (B) of the Arms Act and sentenced to undergo R.I. for one year and fine of Rs.500/- with default stipulation.

2. The prosecution story in brief is that the complainant - Javed lives in village Khoyri, P.S. Khajuri Road, and works as a laborer. On 01/02/2010, accused Ibrahim called him to meet him. Around 7 p.m., Ibrahim met him near the village and suggested they take a walk, so he went with him. They both stopped at the tube well in Babu Dangi's field, which he had rented from Batiya, and continued talking. He stopped there for half an hour and was about to leave, when Ibrahim said, "We're leaving a little later, so wait." He refused and, as he was about to leave, Ibrahim hurled obscenities and said he would finish him. Ibrahim ran and retrieved a sword from a nearby hut. His brother, Waheed, also came from the same hut. Ibrahim attacked him with the sword, which he defended himself. The sword struck his left palm. A second attack hit his right cheek. When he tried to run, Waheed caught him, and Ibrahim struck him again with the sword in the back. He escaped and ran, Kaleem Mian met him on the way. Upon reaching home, he told his uncle Masoom Khan and mother Raisan Bee. The incident was reported to Khajuri Road police station. During the investigation, a scene map was prepared. Accused Ibrahim was taken into custody and interrogated, and his statement was recorded. Based on the memorandum statement, a seventeen- inch-long knife was seized from him. Additionally, blood-stained and plain soil were seized from the scene while preparing the crime scene map. The accused were arrested after a crime was established against them. Statements of witnesses were recorded. The shirt and pants worn by complainant Javed at the time of the incident, which had blood stains on them, were seized from complainant Javed. The seized sealed material was sent to the FSL, Sagar, for examination. Complainant Javed was sent to Hamidia Hospital for medical examination.

3. After completion of investigation, a charge-sheet was filed in the competent court which, on its turn, committed the case to the court of Sessions and from where it was received by the trial court for trial.

4. The learned trial Judge on going through the evidence available in the charge sheet framed charges against both the appellants for the offences punishable under Sections 307 and in the alternative 307 r/w Section 34 of IPC and also framed the charge under Section 25(1-B)(B) of the Arms Act against accused/appellant No.2 Ibrahim. The accused persons abjured their guilt and pleaded complete innocence. The defence of accused persons is of false implication.

5. In order to bring home the charges, the prosecution examined as many as 11 witnesses, which are Javed (PW-1), Aziz Khan (PW-2), Kaleem (PW-3), Babu Khan (PW-4), Smt Rausan Bee (PW-5), Shabahat Ali (PW-6), Dr. Suresh Singh (PW-7), Masoom Khan (PW-8), Swaroop Singh (PW-9), Kunwar Singh (PW-10) and Dr. Anurag Agrawal (PW-11), and placed Ex.P/1 to P/15 and Ex.D/1 to D/3 the documents on record. The accused examined one Zin Alauddin as DW-1 and Raees (DW-2) in their defence.

6. The learned tr