FAROOQ KHAN AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE two Petitioners were convicted under Section 307, Indian Penal Code, by the learned Assistant Sessions Judge, Rourkela and were sentenced to undergo rigorous imprisonment for three years. Along with them one Umar Khan was also tried for having committed the offence under Section 307/109, Indian Penal Code, but he was acquitted of the said charge by the learned Trial Judge. On appeal, the conviction and sentence passed against the two Petitioners having been upheld by the Additional Sessions Judge, the present revision has been preferred.

(2.) IT is the prosecution case that those two Petitioners attempted to commit murder of Jagir Singh (P.W. 11) at 11.30 p.m. on 16 -6 -1979 while the injured was returning home after witnessing a festival. It was alleged by the prosecution that the injured had a cloth shop in Sector 15 in Rourkela Town and they had also a Tempo. Petitioner Wasiq was a tempo Driver. The acquitted accused Umer Khan is the father of the Petitioner Farooq and said Umer had taken cloths on credit horn the shop of the injured and did not pay the money in spite of repeated demands. On the date of occurrence while the injured was returning at 11.30 p.m., both the Petitioners were present near the taxi stand with a motor cycle. It is further alleged that while the injured was proceeding on his cycle, these two Petitioners came in a motor cycle from behind and prevented the injured from moving further and thereupon attacked the injured and inflicted several injuries with a knife. The injured gave resistance, but could not deter the Petitioners from inflicting the injuries. The injured then went to the verandah of Quarters No. A/4 and knocked the door and cried allowed to save him. On hearing his alarm, P.Ws. 2 and 3 came there and found him in the condition in which he had been injured. The Petitioners had left the place by that time and p. ws 2 and 3 informed the brother of the injured whereupon P.Ws. 1 and 10 arrived there with their Tempo and carried the injured to the Ispat General Hospital where he was admitted as an indoor patient. P.W. 1 then lodged the F.I.R. (Ext. 1) at Rourkela Township Police Station and the Inspector Shri Tewari registered a case and directed Sub -Inspector Shri Jena (P.W. 13) to take up the investigation. In course of investigation, P.W. 13 seized the blood -stained knife, blood -stained earth, wrist -watch and Chappal etc. from the spot. He also seized the broken gate of Quarters No. A/4 as well as the blood -stained clothes of the injured. Several other articles were seized and then on completion of investigation, charge -sheet was filed. On being committed to the Court of Session, the learned Assistant Sessions Judge tried the Petitioners.

(3.) PROSECUTION examined as many as 13 witnesses of whom P.W. 11 is the injured and P.Ws. 1 and 10 are his brothers; P.Ws. 2 and 3 are the residents of the neighbouring quarters who arrived at the spot of occurrence on hearing the shout from P.W. 11; P.Ws. 4, 5 and 6 are seizure witnesses and so also P.W. 12; P.W. 7 are witnesses in whose presence, the Investigating Officer collected the scrapings of dried blood -stained marks from the motor cycle P.Ws. 8 and 9 are the Medical Officers of the Ispat General Hospital who had treated the injured. Ext. 7 is the injury report of the injured. The two Courts of fact, namely, the learned Trial Judge, and the Additional Sessions Judge relying on the evidence of the injured (P.W. 11) which is fully corroborated by the medical evidence as well as the evidence of P.Ws. 2 and 3 have held that it is the Petitioners who assaulted the injured on the date of occurrence and considering the nature of injuries as well as the parts of the body of the injured w here the injuries have been found, came to the conclusion that the offence under Section 307, Indian Penal Code, had been well established against the Petitioners.