GAFOOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GAFOOR appellant has challenged his conviction under section 308 IPC and sentence of 18 months' rigorous imprisonment.

(2.) THIS is one of those cases where the facts are not in dispute. The incident happened at about 6-7 A. M. on July 17, 1975. The injured Ummed demanded Rs. 90/- from the accused on account of the price of kharia. The accused told him that he had no money with him. The complainant persisted in his demand. At this, there was altercation and Ummed caught hold of accused by neck and then accused Gafoor gave two knife blows to Ummed in his abdomen. The whole version has been given out clearly by PW. 3 Ummed. The relevant portion from the judgment of trial court is reproduced here which reads as under : **************

(3.) I have given my thoughtful consideration to the above submissions of the learned counsel for the parties and the facts of the case as emerged from the prosecution evidence, Undoubtedly, as per the prosecution case, the injured Ummed is a healthy and strong person in comparison to the accused who according to the evidence of Ummed is comparatively weak. The injured caught hold of the neck of the accused and gave kicks in his stomach which could have caused him grievous and some time even death, if the splim is ruptured, A healthy person having the shoes in his legs and using that leg with shoes for kicking in the abdomen of another person who is comparatively weak certainly puts the other person into a position where he has to fight for his life or in any case for being saved from grievous hurt.