MOHD HASHIM Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant Mohd. Hashim having been convicted by the Ist Additional Sessions Judge, Lakhimpur Kheri in S.T. No.23 of 1989 decided on 19.03.1998 has preferred this criminal appeal by which he has been sentenced to undergo rigorous imprisonment of three years and six months under Section 307 IPC.

(2.) THE First Information Report of this case was lodged by Amiruddin on 23.09.1988, wherein he stated that on the said date at about 10.00 a.m., he along with his brother Kamruddin was going somewhere and when he reached near Kukra Chauraha, 22 persons including the appellant surrounded them and started assaulting them with kicks and fists. While the mar -peet was going on, some one of them asked to kill them, upon which the appellant who was having a knife, stabbed Kamruddin, as a result of which he received stab wound in his abdomen and his intestine came out. When the people present at the nearby places reached the spot, all of them escaped from the place of occurrence. However, the informant snatched the knife from the appellant and brought the same to the Thana and handed it over to the police along with written First Information Report. The injured Kamruddin was sent to the hospital, where he was examined and the doctor found three injures, out of which the injury no.1 was cavity deep on the middle part of the abdomen and was found dangerous to life. The informant Amiruddin was also medically examined but all his injuries were found to be simple injury.

(3.) THE police after registration of the case, conducted investigation and after completion of investigation, submitted charge -sheet against all the 22 persons including the appellant. All of them faced trial under Sections 147, 148, 149 307 323, 324 IPC. The prosecution during the course of trial examined five witnesses and on appraisal of evidence, the learned trial court did not find sufficient evidence against rest of the accused persons and acquitted them of all the charges, but found the appellant guilty for the offence of attempt to commit murder and convicted him under Section 307 IPC.