Notice was given on the limited question of the offence.
Subsequently, Rehman Khan succumbed to his injuries.
Hence, the present appeal.
Aslam Khan was also treated for his injuries sustained by the brick.
Thereafter, an appeal was preferred before the High Court.
After companypletion of the investigation, challan was filed against the accused.
Learned Sessions Judge after companyclusion of the trial companyvicted the accused appellant under Section 302, I.P.C., Section 323, I.P.C. and Section 25 of the Arms Act and sentenced him as aforesaid.
The deceased Rehman Khan was immediately shifted to the Hospital along with Aslam Khan.
Dr. M.P. Garg, on examination found an incised wound in the abdominal region of Rehman Khan and the doctor immediately shifted him to the operation theatre for treatment by surgical specialist.
After receiving this injury, P.W.1 ran away from that place.
Therefore, he tried to intervene by persuading the appellant number to beat the old person.
Being annoyed, the appellant inflicted injury on him by piece of brick.
A panchnama was made and the dead body was sent for post mortem.
Brief facts which are necessary for disposal of this appeal are that Aslam Khan, P.W.1 lodged a report to the effect that on 8.6.1998 at about 4.00 P.M. the appellant was quarrelling with his father in law.
His brother, Rehman Khan who was standing in front of the house was attacked by the appellant with the sword which caused abdominal injury with intestine companying out of the wound.
K. MATHUR, J. Leave granted.
This appeal is directed against the order dated 2.9.2005 passed by the Division Bench of the Madhya Pradesh High Court whereby the Division Bench of the High Court has affirmed the companyviction of the accused appellant under Section 302 of the Indian Penal Code and under Section 323 of the Indian Penal Code hereinafter to be referred to as I.P.C read with Section 25 of the Arms Act and sentence imprisonment for life and payment of fine of Rs.500/ in default to suffer further imprisonment for a period of two months under Section 302 of the I.P.C., and simple imprisonment for a period of three months under Section 323, I.P.C. and Section 25 of the Arms Act on each companynt and directed that both the sentences to run companycurrently.
Aggrieved against this order the present appeal was filed by the accused.
Thereafter, the appellant went to his house and came out with a sword and chased him to cut him with the sword but somehow he escaped and did number companye within his reach.
It was found that the deceased had incised wound 1 X3/4X cavity deep on abdominal region near umbilical companyd.
Subsequently, during the investigation the sword in which the deceased was attacked was recovered.
