Zafar Khan | Nagpur.
A single Judge Presided over by Urmila Joshi Phalke J granted regular bail to Kasam Beg Musa Beg. Kasam Beg Musa Beg was arrested on 07.03.2024 by police station Daryapur registered Crime no: 146/2024 for an offense punishable u/s 307,323,34,504 of IPC.
The case of the prosecution was that, on 07.03.2024 at about 05.00 pm, the son of the complainant and the injured were playing with their toy car and at that time Kasam Asked them to not play there. It is alleged that, at that time injured, asked Kasam Begthat that it was not his plot and why he is not permitting the children to play. It is submitted that, at that time Kasam Begbroke the toy car of the son of the injured. It is submitted that, therefore, the injured confronted Kasam Begas as to why he broke the toy car. In reply to this, Kasam Begabused the injured and assaulted him with kicks and fist blows. It is submitted that the complainant resolved the dispute but at that time Kasam Beg threatened them by saying he would see them and left the place. It is further alleged that after 15 minutes Kasam Beg with his two sons i.e. two co-accused Nasim Baig and Wasim Baig came there and Nasim Baig had a knife in his hand. It is alleged that Nasim was assaulted and injured as a result of which he sustained injuries on his finger and his brother sustained injuries on his neck, stomach, and left hand.
It was submitted that the injured has already been discharged from the hospital and there is no chance of conversion of offense under sec 302 of IPC.
It was submitted that, even otherwise there is no role of assault by any dangerous weapon alleged against the applicant.
It was submitted that the alleged incident had taken place as a petty quarrel that converted into a heated exchange of words and there was no premeditation to commit the instant crime, Adv Mir Nagman Ali appeared for Kasam Beg Musa Beg.
