SAIDUDDIN Vs. STATE

JUDGEMENT

(1.) SAIDUDDIN has been convicted by the Assistant Sessions Judge. Farrukhabad. by his order dated 29-8-70 under Section 307, I. P. C. and has been sentenced to seven years' R. I. for making a murderous assault on Mohammad Wahid P. W. 1 on 27-3-67 at about 9 P. M. in Mohalla Khacheri Tola, P. S. Kannauj. district Farrukhabad.

(2.) THE facts are that a marriage party of the bridegroom Durab Ali D. W. 1 consisting of about 175 persons bad gone to the house of Subedar P. W. 7 in connection with marriage of Subedar's daughter. The bridegroom was riding a horse belonging to Anand Ram P-W. 6 who was accompanying that horse. Subedar belonged to Behna community. There is a custom in that community that the same horse is ridden by the brother of the bride after the bridegroom gets down. Instead the appellant Saiduddin who was with the marriage party rode the horse as soon as the bridegroom got down. It was resented by the persons belonging to the bride's side. When the appellant did not get down from the horse he was pulled down by Mohd. Wahid P. W. 1. He then grappled with Mohd. Wahid and felled him down. They both still grappled with each other and Mohd. Wahid had given him a blow with his hand. He then stood up and took out a knife from his pocket and struck Mohd. Wahid on his chest causing serious injuries. The occurrence was witnessed by Mehdi Hussain P-W. 3, Anand Ram P. W, 6, Subedar P. W. 7 and many others. There was a municipal light on the spot. There was also light by a powerful bulb of 500 wt, which was lighted in front of the tent at the bride's place. The witnesses surrounded the appellant and apprehended him and snatched away the blood-stained knife Exh. 1 from his hand. Bashiruddin brother of Mohd. Wahid reached the place of occurrence and Mohd. Wahid dictated to him F. I. R. Exh. Ka 1 and took the same to the P. S. and lodged it at 11 P. M. The police station is about six miles from the place of occurrence. A Clerk Constable Shahzade Singh prepared the Chik Report Exh. Ka 4 and registered a case in the G. D. a copy of which Is Exh Ka 8. He also prepared the Fard Exih. Ka 3 in respect of the knife. The accused was also taken to the Police Station and locked up in the Hawalat.

(3.) THE injured was then sent to Kannauj Dispensary where his injuries were examined by Dr, Gupta at 11-45 P. M. on the same day. The injury report is Exh. Ka 2. He found the following injuries on his person: