SHABBIR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the conviction of appellant Shabbir under Sec. 226 I.P.C. and sentence of rigorous imprisonment to one year. The appellant was tried for an offence under Sec. 307 I.P.C. for causing Gandasa injuries to his wife Mst. Akhtari (P.W. 4) at about 1.00 a.m. on the night between 4th and 5th of Sept. 1977.

(2.) According to the prosecution case, there was an altercation between Shabbir appellant and his wife Akhtari on 4.9.77 at about 4.00 p.m. on question of purchasing a transister. There was again an altercation between them at about 1.00 a.m. in the night of 4/5.9.77. At that time the appellant inflicted Gandasa injuries on his wife Mst. Akhtari.

(3.) In support of its case the prosecution examined Abdul Latif (P.W. 1) Wahid (P.W. 2), Asghar (P.W. 3) and Mst. Akhtari (P.W. 4) about the occurrence. It is borne out from medical evidence that Mst. Akhtari had received incised injuries and the injuries could have been caused by a heavy weapon. Besides the statements of Mst. Akhtari (P.W. 4) there are statements of Abdul Latif (P.W.1) and Asghar (P.W.3) that these injuries were caused to Mst. Akhtari by the appellant. After discussing the evidence learned Sessions Judge had believed the evidence and convicted the appellant as mentioned above.