ANWAR HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been preferred on behalf of the appellant Anwar Hussain, who has been convicted vide judgment and order dated 7.10.2013 passed by Additional Sessions Judge, Court No.7, Bijnor in Sessions Trial No.636 of 2012 (State Vs. Anwar Hussain) under sections 307, 452, 504, 506 IPC, Police Station Najibabad, District Binjor and sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5000/- under section 307 IPC, simple imprisonment for one year and a fine of Rs.1000/- under section 452 IPC, simple imprisonment for six months and a fine of Rs.500/- under section 504 IPC and simple imprisonment for six months and a fine of Rs.500/- under section 506 IPC. In default of payment of fine, one year additional simple imprisonment has been awarded against the appellant. It was further directed that all the sentences shall run concurrently.

(2.) The prosecution story in brief is that a written report (Ex.Ka.-1) was moved by the informant Kasim Hussain (P.W.3), the nephew of the injured (Shakir Hussain) at police station concerned on 7.9.2012 mentioning therein that accused Anwar Hussain is a vagabond type of person and used to remain wandering and because of this he has been ousted from the house by his father Arif Hussain. On 7.9.2012 at about 2:00 P.M., when Shakir Hussain, the uncle of the informant was present at his house, accused Anwar came at his house and started hurling abuses. When Shakir objected him, accused Anwar took out a knife from his pocket and inflicted injuries to Shakir on his neck and chest. On hearing the shrieks of his uncle Shakir, informant and one Imran son of Guddu reached there, on which accused Anwar fled away from the place of occurrence by brandishing his knife, hurling abuses and threatening of dire consequences to the witnesses also. Injured was immediately rushed to Pooja Hospital and from where he was referred to Bijnor for better treatment. Injured was in serious condition.

(3.) On the basis of written report (Ex.Ka.-1), first information report (Ex.Ka.-9) was lodged on the same day i.e. on 7.9.2012 at 15:25 hours against the accused-appellant Anwar Hussain for the offences under sections 307, 504, 506 IPC. G.D. Entry (Ex.Ka.-10) was also made.