STATE Vs. SALIM AND OTHERS

JUDGEMENT

(1.) The State has applied for leave to appeal against the order of acquittal dated 10.11.1986 passed by Additional Munsif Magistrate, Agra, in Case No. 227 of 1985. I have heard the learned counsel for the State and have also gone through the judgment of the trial court. It appears from the judgment itself that according to the prosecution the informant Kafuluddin was setting right the sheets of his house. The further story was that at that time the respondents Salim and Shakoor came there and there was some dispute between them whereupon a sword was used by Salim causing injuries to the informant in the palm. The report of medical examination which has been referred to in the judgment as statement of Dr. A.K. Jain, P.W. 5, shows that the injuries of the complainant were wholly superficial and barely skin deep. Considering the nature of the injuries it could at best be said to be one sufficient for recording conviction. The other aspect mentioned by the informant himself was that at the time he was setting right his roof. The possibility that the informant got an accidental inure while setting right his roof and thereafter he thought to prosecute somebody with whom he was displeased could not he ruled out. Considering this aspect of the matter I do not think any useful purpose would he served in entertaining the appeal.

(2.) The leave applied for is, therefore. refused and the appeal filed with the leave application is also dismissed. Leave refused.