MOHD. ANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is against the conviction and sentence of rigorous imprisonment for one year and a fine of Rs. 250/ -, or, in default, to suffer further rigorous imprisonment fur three months under Section 326 of the Penal Code.

(2.) INITIALLY the present appellant along with two others was prosecuted for an incident which occurred on 4 -11 -1978, at about 2 -30 p.m., in which it is allege1 by the prosecution that Raees (P.W. 1) received stab injuries at the hands of the appellant and one Raees, who, according to the statement made at the Bar by the learned counsel for the appellant was murdered during the trial, hence only the present appellant and Mst. Laiqa Bi faced the trial for offences under sections 307 and 307/34 of the Penal Code respectively. Mst. Laiqa Bi has, been convicted under Section 352 of the Penal Code but there is no appeal by her.

(3.) THE prosecution sought to prove its case through the testimony of the injured Raees (P.W. 1) and the other eye -witnesses, namely, Badrul Hasan (P.W. 2), Swel Rais (P.W. 3), Anwari All (P.W. 7) and Shakeel Ahmad (P.W. 8). From the testimony of these eye -witnesses, it does appear that the present appellant inflicted one incised knife Injury the abdomen of the complainant, Races (P.W. 1). The report (Ex. P. 2) of the incident was lodged within half an hour at the police station Shahajanabad by Badrul Hasan (P.W. 2) in which the appellant is attributed to the stab injury received by Raees (P W. 1) in his abdomen. The complainant (P.W.1) was medically examined by Dr M. N. Trivedi (P.W. 1) who found two incised wound which have been noted by him in his report Ex. P.13.