MUSTAFA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision-petition by Mustafa convict again the judgment of the Sessions Judge, Merta, dated 10.12.1975, whereby his conviction and sentence under Sec. 324, Indian Penal Code was upheld. The petitioner was tired by the Judicial Magistrate, Nagpur, and was convicted and sentence under Sec. 324, Indian Penal Code to six month's rigorous imprisonment and to pay a fine of Rs. 200.00 in default of payment to fine to further suffer imprisonment for one month.

(2.) The. prosecution story again against the petitioner was that on 14.4.1973 at about 6 p.m. he along with other co-accused, who have been acquired assaulted Kavum, while the letter was sitting on the raised platform of Abdul Gafoor, P.W.2. It was alleged that the petitioner inflicted on blow with a Pharsi, i.e.an axe on the right parital eminence of Kayum and caused simple injuries Kavum suffered two more injuries, i.e. bruises on the head and right shoulder, but these injuries were not ascribed to the petitioner. A report of this incident was lodged by Kayum with the police station, Mundava, on 15.4.1973 at 5 P.M.

(3.) The Police made the usual investigation into the case and, after collecting necessary evidence, filed a challan against the petitioner and six other co-accused in the Court of the Munsiff and Judicial Magistrate, Nagpur, who tired and convicted the petitioner, as stated above.