HUSSAIN MAHMOOD SIRAJI Vs. SAYED ALI AKBAR RIZVI

JUDGEMENT

(1.) We have heard the learned counsel for the appellant-complaint. This appeal under Section 372 of Cr.P.C. is directed against the order of acquittal passed by the learned Ad-hoc Additional Sessions Judge for Greater Mumbai-9 in Sessions Case No.518 of 2009 on 11 /3/2010. As the appeal is against the order of acquittal, we have called for the R & P, perused the same and the learned counsel for the appellant also placed before us the oral depositions copies of all the nine witnesses examined by the prosecution and, therefore, we are deciding this appeal at the admission stage itself. -

(2.) As per the prosecution case, Farnaz, the sister of the appellant (PW 4Hussain Siraji) was married to the accused in the year 1995 and from the said wedlock she begot two sons. However, Farnaz returned to her parents' home in November, 2007 along with her children and the accused divorced her on 15/2/2008. One year later i.e. on 26/2/2009 at about 10 a.m., the complainant was driving his motorbike and he saw the accused standing at the Babulla Tank Junction in the direction of J. J. Hospital. Accused took out a knife from his pocket and inflicted two blows on the neck and throat of the complainant, resulting into bleeding injury. The complainant straightway went to the J. J. Hospital where he was admitted and was treated by the doctor. He was shifted to the ICU for some time and he came to be discharged on or about 7/3/2009. Medical Certificate at Exh.27 was placed on record. The accused was arrested on 27/2/2009 in the course of investigation and he claimed that he was unnecessarily implicated in the case and he was not present at the spot of the incident.

(3.) PW 5 - Anis Mohd. Hussain Kapadiya claimed to be the eye-witness by the prosecution. He claimed to have seen the incident i.e., the assault inflicted by the accused on the complainant with knife at about 10.15 p.m. at the the spot of the incident and he was shocked and, therefore, he straightway went to the police station. In his examination-in-chief, he stated that he gave a call to his friend -complainant who was on his motorbike, but the complainant did not hear his shouts. At that time, the accused came there, there was exchange of some words between the two and the accused gave a blow of knife on the left side of the neck of the complainant when the complainant was riding his motorbike.