MOHAMMAD SHARIF Vs. REX

JUDGEMENT

(1.) This is an appeal by Mohammad Sharif and his own brother, Laiq Ahmad, residents of Kot Sharki in the town of Sambhal district Moradabad. The charge against Laiq Ahmad was that he had, on 9th June 1948, at about 7 or 8 p. m., committed murder by intentionally causing the death of Badri Prasad, and thereby committed an offence punishable under Section 302, Penal Code. It was alleged that he had stabbed Badri Prasad with a knife while he was passing in front of his (Laiq Ahmad's) house in the company of his sons, Mahesh Chandra, Girish Chandra and Bishesh Chandra. Mohammad Sharif was charged under Section 302/109, Penal Code and also under Section 392, Penal Code. It was said that he bad abetted the murder of Badri Prasad and forcibly removed currency notes of the value of Rs. 250 from the pocket of Mahesh Chandra. The learned Civil and Sessions Judge, who tried them, found Laiq Ahmad guilty and convicted him under the second part of Section 304, Penal Code and sentenced him to rigorous imprisonment for five years He also found Mohammad Sharif guilty and convicted him only under Section 392, Penal Code and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 250 or in default of payment of fine to further undergo rigourous imprisonment for six months.

(2.) While admitting the appeal filed by Laiq Ahmad a learned Judge of this Court issued notice to him to show cause why the sentence imposed upon him be not enhanced; and that is the subject-matter of revision.

(3.) The occurrence, in connection with which the appellants were prosecuted, took place after nightfall on 9th June 1948. Daring the course of the occurrence Badri Prasad was fatally wounded. He was immediately removed to the hospital at Sambhal. Dr. Chimman Ltd, the Medical Officer of the hospital at Sambhal, examined Badri Prasad and found a penetrating wound 3" x3/4" opening into the abdominal cavity in front of abdomen left upper pact, some portion of intestine coming oat of the wound and a cat 1/2" long or over the intestines through which focal matter had come out. He also found three incised wounds in front of the index, middle and ring fingers of the left hand and also three abrasions on the right side of the face, on the inner side of the right elbow and in front of the right chin upper part. In the opinion of the Medical Officer, the abrasions were caused by friction against some hard substance while the other injuries had been caused by some sharp, edged weapon.