ZULFIKAR Vs. STATE

JUDGEMENT

(1.) OUR apology for a brief judgment. Arguments concluded in the two appeals at 4:30 PM on 12.2.2009, leaving us no time to dictate judgment in open Court.

(2.) THE facts are in a very narrow compass and indeed, learned Counsel for the appellant conceded that the entire contours of the case of the prosecution, duly proved through the testimony of the eye witnesses and in particular the injured eye witness Rahisuddin PW -2, are to be found in the rukka Ex.PW - 2/A.

(3.) SI Jeet Singh PW -16, was also handed a copy of DD No. 20A and he also proceeded to the spot. Therefrom he went to the hospital i.e. GTB Hospital since he was informed that Danu Mia as also Rahisuddin were removed to the hospital. He learnt that Danu Mia had died in the hospital and Rahisuddin was given medical treatment for an injury on his hand. Rahisuddin was suffering a superficial injury caused on his hand by a sharp edged weapon. He made his statement Ex.PW -2/A that 29.4.2006 was Bakr Id and everyone was in a festive mood and taking dinner. Appellant Zulfikar came and accused Danu Mia of defaming his sister. A verbal spat ensued between the two and Alimmudin (Saleem) also came and joined. Zulfikar caught the hand of Alimmudin to lead him out. Danu Mia followed. All of a sudden, Alimudding took out a knife. He i.e. Rahisuddin saw this and, to save Danu Mia attempted to snatch the knife from the hand of Alimuddin upon which Alimuddin inflicted a cut on his right hand. At that Zulfikar exhorted Alimuddin to assault Danu (Mar Saale Danu Ko) at which Alimuddin inflicted a stab blow on the right shoulder of Danu. A crowd had gathered. Zulfikar was apprehended at the spot and that he was brought to the hospital along with Danu.