ZAKIR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned Additional Sessions Judge, Udaipur dated 30th September, 1978 by which the accused -appellant has been convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 300/ - and in default of payment of fine to further undergo simple imprisonment for three months. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON January 19, 1975, the informant -injured Asgar Ali (PW ) had gone for the call of nature to the public latrines situated behind Wazirpura, Udaipur. He was accosted and beaten by nine accused while he was returning. He came running to Lanka Chowk where he was surrounded by another set of the accused persons including the accused -appellant who had a knife in his hand. These accused -persons inflicted injuries with their Lathis and knife. He fell down on the ground. The accused -persons left the place thinking, that the injured Asgar Ali had died. His mother came their and took him to her house. He was taken by Naib Hussain (PW 6) to the Hospital where he remained there for treatment for 8 days. On January 30, 1975, report Ex.P/1 was lodged at the Police Station, Dhanmandi (Udaipur) by the injured Asgar Ali (PW 1). On its basis FIR Ex. P/5 was drawn and a case under Sections 147, 148, 144, 307 and 341, IPC was registered against 12 accused -persons. After investigation, a challan was filed in the Court of the Chief Judicial Magistrate, Udaipur against all the 12 accused -persons under the aforesaid sections. The accused -persons were committed to the Court of Sessions Judge, Udaipur. It was transferred to the Additional Sessions Judge, Udaipur for trial. Charges under Sections 323, 307 and 148 IPC, were framed against the accused Zakir Hussain and Ali Mohammed and under Sections 148 323 and 307 read with Section 149 IPC against the remaining accused -persons, including the accused appellant Asgar Ali. None pleaded guilty. All claimed trial. The prosecution examined 12 witnesses and produced and proved 7 documents All the accused -psrsons denied the prosecution story. The accused appellant Zakir Hussain disclosed in his statement recorded under Section 313 Cr PC that he has falsely been implicated in this case as he was Additional Secretary of the Youth Group of the Bohra Community of Udaipur. The accused -persons examined three witnesses in their defence. After hearing the parties, the learned Additional Sessions Judge, Udaipur convicted the accused -appellant Zakir Hussain under Section 326 IPC and sentenced him as said above and acquitted all the remaining 11 accused -persons.

(3.) THE learned Public Prosecutor tried his best to support the judgment under appeal.