STATE OF U P Vs. MUNNA

JUDGEMENT

(1.) Acquittal of the accused respondents Munna and Rais recorded on 2.2.1981 in Sessions Trial No. 113. of 1980 by III Additional Sessions Judge Pilibhit, under Section 307 read with Section 34 I.P.C. has been assailed by the State through this appeal.

(2.) The incident had occurred on 12.2.19,80 at about 5.30 P.M. in Mohalla Razaganj of the town and Police Station Puranpur, District Pilibhit. The distance of the Police Station from the -place of incident was 1 1/2 Km. and the F.I.R. was lodged by an eyewitness PW 1 Tufail Ahmad (brother-in-law of the injured) Mohd. Yusuf the same day at 6.10 P.M. It was alleged that about 114 years before the incident the accused Munna had abducted the sister of the victim Mohd. Yusuf and he was being prosecuted for that offence. Mohd. Yusuf was doing pairvy in that case against him. Cousin sister of the other accused Rais was allegedly married to the brother of Munna and both of them were friends. On the fateful day and time, Mohd. Yusuf was going from Puranpur to his village Sherpur Kalan on cycle. Tufail Ahmad, Yasin Ahmad, Zahid Khan and Mohd. Hanif were about 30-40 yards behind him. The accused Munna and Rais were 4-5 yards ahead of him. When Mohd. Yusuf reached near Sultan Rice Mill, the two accused got down from their cycles and started inflicting injuries on Mohd. Yusuf who raised alarm. The witnesses also challenged the accused who after assaulting Mohd. Yusuf ran away towards Sherpur on their cycles. Thereafter, Mohd. Yusuf was taken on rickshaw to Puranpur Hospital. A written F.I.R., as we stated, was lodged by Tufail Ahmad at 6.10 P.M. on 12.2.1980 resulting in the registering of a case against the two named accused respondents under Section 307 I.P.C.

(3.) It was PW 6 Dr. Arun Prakash Dkit who had examined the injuries of Mohd. Yusuf in P.H.C. Puranpur on 12.2.1980 at 6 P.M. He found eight incised wounds on his person which were on neck, back of chest, back of abdomen and other parts of the body. Three of them were simple whereas the remaining five were kept under observation. All the injuries had been caused by sharp edged weapon and were fresh. The depth of none of the injuries had been probed by the Doctor as per his evidence delivered before the court. According to him, they could be caused by knife on 12.2.1980 at about 5.30 P.M. First aid was provided by him to the injured. The injured Mohd. Yusuf was shifted to Mission Hospital Bareilly, where PW 5 Dr. Mohd. Javed Shamsi surgically operated him (leparotomy and splenectomy) .