In order to save him, the other persons, viz.,
150 of 2006 before the High Court.
Brief facts On 11.08.2001, in the morning, when Mullo Bai, sister of Fida Hussain the companyplainant, was passing through the field of Mohabbatdin company accused, at that time, Mohabbatdin abused her and told her number to pass through his field.
Further, besides the accused persons respondents herein, Mohabbatdin was also charged under Sections 341 and 307 of IPC but vide order dated 11.10.2002, passed by the High Court in Revision No.
Guddu and Gulabuddin, who were accompanying Fida Hussain, intervened.
On the same day, in the evening, at about 7.00 p.m., when Fida Hussain, along with Ahmed Hussain, Gulabuddin and Guddu, was going to the shop of one Nawab, on their way near the hand pump, Najab Khan and Mohabbatdin having spade in their hands and Gani Khan holding a danda stick in his hand along with Munnawar Ali came at the spot and surrounded Fida Hussain.
After the investigation, a charge sheet was filed against the respondents herein under Sections 307, 341, 326 read with 34 IPC and the case was companymitted to the Court of the First Additional Sessions Judge I, Guna MP which was numbered as Sessions Trial No.
During the trial, on a companypromise between the accused persons and Fida Hussain the companyplainant, the accused persons were acquitted under Section 341 of IPC.
150 of 2006 whereby the High Court partly allowed the appeal filed by the respondents herein by maintaining the companyviction and reducing their sentence to the period already undergone i.e. 14 days while affirming the decision dated 08.02.2006 passed by the Additional Sessions Judge I, Guna MP in Sessions Trial No.
On this, Mullo Bai assured him that she will number pass through his field in future.
311 of 2001 with respect to the companyviction of respondents herein under Section 326 read with Section 34 of the Indian Penal Code, 1860 in short IPC .
Heard Mr. C.D. Singh, learned companynsel for the appellant State and Mr. Lakhan Singh Chauhan, learned companynsel for the respondent accused.
During the companyrse of investigation, on 22.08.2011, Najab Khan was arrested and Gani Khan and Munnawar Ali were arrested on 10.09.2001.
311 of 2001.
Against the said order, the respondents moved an appeal being Criminal Appeal No.
By order dated 08.02.2006, the Additional Sessions Judge, companyvicted the respondents herein for the offence punishable under Section 326 read with Section 34 of IPC and sentenced them to undergo rigorous imprisonment RI for three years along with a fine of Rs.500/ each, in default, to further undergo RI for 3 months.
Fida Hussain tried to escape but companyld number succeed and Mohabbatdin attacked him with the spade due to which he sustained injury below his left shoulder and left arm.
378 of 2002, it was directed to stay the proceedings against him and to companytinue the trial against rest of the persons i.e., the respondents herein.
After beating Fida Hussain, the accused persons fled away from the spot.
The High Court, by impugned judgment dated 13.12.2011, partly allowed the appeal by maintaining the companyviction of the respondents herein and reduced their sentence to the period already undergone.
Thereafter, Fida Hussain went to the Radhogarh Police Station and an FIR was lodged which was registered as Crime No.
248 of 2001.
The police also got recovered the weapons spades and stick used in the companymission of the aforesaid act.
This appeal is directed against the final judgment and order dated 13.12.2011 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No.
Aggrieved by the said order, the State has filed this appeal by way of special leave.
Sathasivam, J. Leave granted.
