NASIR AHMAD AND ANR. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 30-6-1984 passed by Sri V.S. Bajpai, the then Addl. Sessions Judge (Special Judge), Nainital in S.T. No. 173/1983, State v. Nazir Ahmad and Ishrat Ali, whereby the appellant No. 1-Nasir Ahmad and appellant No. 2-Ishrat Ali were convicted and sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 500 under Sections 324, IPC and 324/34, IPC respectively. In default of payment of fine, the appellants would further undergo R.I. for a period of six months.

(2.) THE prosecution case in a nutshell is that on 4-4-1982 at about 1 p.m. the injured-Om Prakash was going on a cycle from his shop to his house. When he reached near the Masjid in Mohalla Bansphoran, the front wheel of his cycle dashed the foot of the appellant-Nasir Ahmad. The appellant-Nasir Ahmad then pulled the complainant down from the cycle and started hurling abuses to him. The appellant-Ishrat Ali caught hold of the hands of the injured from back and the appellant-Nasir Ahmad gave him a knife blow near the chest, due to which the complainant fell down on the ground and became unconscious. Rajendra, Ramesh Chandra and Babli had also reached there. Then, the injured-Om Prakash was taken to Civil Hospital, Kashipur by the brother of the injured i.e. Ramesh Chandra. Thereafter, the complainant got written a report (Ex. Ka-2). The FIR (Ex. Ka-5) was lodged at the police station and entry to that effect was made in the G.D. (Ex. Ka-6). The investigation was entrusted to R.P. Binjola S.I. (P.W. 5), who prepared the site plan (Ex. Ka-3) and recorded the statements of the witnesses. The investigation was taken up as usual which culminated into the submission of the charge-sheet (Ex. Ka-4).

(3.) THE prosecution in support of its case examined five witnesses. Out of these witnesses, Dr. J.C. Arora (P. W. 1), the Medical Officer, Civil Hospital, Kashipur examined the injured on 4-4-1982 at 1 p.m. The doctor found the following injury on the person of injured: