TAJ AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been directed against the conviction and sentence recorded by the 4th Additional District and Sessions Judge, Varanasi on 16.7.79, finding the accused guilty of having committed an offence punishable under Sec. 307, I.P.C. and sentencing him to under go imprisonment for a period of seven years.

(2.) A report was lodged at P.S. Chowk, Varanasi on 27.11.78 at 2.5 a.m. by Mohd. Haneef. According to it he and his wife's brother Irshad Ahmad Khan were sleeping in their house. During the night when the accused Taj Ahmad knocked at the door, the informant opened the door. The accused informed that he had some work with Irshad Ahmad. He came into the courtyard. Irshad Ahmad also came Taj Ahmad accused caused an injury with a knife at the abdomen of Irshad Ahmad and ran away. Irshad Ahmad fell down. Asghar Ahmad and Usman saw the accused running away. The injured was taken to the hospital from where the informant went to the Police Station and lodged the report. The medical examination of the accused was conducted by Dr. C.N. Shukla at 2.00 a.m. the same night. He found one incised wound 271/2 cm x 8 cm x cavity deep over front of upper part of abdomen running 21/2 cm above umbilicus. There was profusion of stomach transverse colon and small intestine. There was another incised wound 5 cm x 2/10 cm x skin deep over lateral part of right hand just below the wrist. These injuries were fresh and according to the doctor, had been caused by a sharp edged weapon.

(3.) The investigation was conducted by Sri Amar Nath Bhartiya S.I. who prepared the site plan, recorded the statement of witnesses and after taking certain articles in his custody completed the investigation and filed a charge-sheet.