ATTAR MIAN Vs. STATE

JUDGEMENT

(1.) Attar Mian finds himself dissatisfied with the judgment of the learned Additional Sessions Judge convicting and sentencing him under Sections 207 and 324 of the Indian Penal Code. Hence this appeal.

(2.) It all started on February 5, 1987 when the appellant blew the smoke of charas at Mohd Jhakir. Obviously the act of the appellant did not win the approval of Mohd Jhakir and when he protested the appellant instead of showing any remorse, reacted by giving him a slap. Feeling aggrieved Mohd Jhakir went to his brother Mohd Akhtar (Public Witness 2). Both of them then went to the appellant obviously to lodge their protest. This too was found by the appellant to be not to his liking. He not only abused them but even inflicted knife injury towards the leftside of the neck of Mohd Akhtar (Public Witness 2). One Ramesh Kumar (Public Witness 6) was also present there. He tried to intervene but then he too was assaulted and given a knife injury on the left thigh. Both the injured were later rushed to the hospital.

(3.) That the incident took place in the manner as noticed above finds support not only from the statement of Mohd Akhtar and Ramesh Kumar referred to above, but also from the evidence of Nafis Ahmed (Public Witness 1 ) and Allah Kher (Public Witness 7). Of course, the prosecution has examined other witnesses too but they were police officials, who at one stage or the other participated in the investigation. What, however, needs to be noticed is that both the injured were examined by Dr. D.D. Golani (Public Witness 9). In the case of Ramesh he found him having suffered an incised wound in the lateral aspect of left thigh midway, vertically oriented 3 cms. long. The injury according to him was simple and the injuries found by him were two in number. First was an incised wound on the left side of his ear and the other merely an abrasion.