NASR AHAD 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 & 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 Section 324, IPC & 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. Therefter, 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.) Charges were framed under Section 307. IPC and 307/34,IPC against the Nasir Ahmad and Ishrat Ali respectively.The appellants denied the charges and claimed the trial