ABDUL SALAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the above appeals have been filed by the convict Abdul Salam from the Judgment by the Sessions Judge, Partapgarh dated January 22, 1974 by which the learned Sessions Judge convicted the appellant Abdul Salam under section 302, Indian Penal Code, for causing the death of Umar and sentences him to imprisonment for life. The appellant was also convicted under section 307, Indian Penal Code, for attempting to murder P. W. 12 Aziz Mohammad and was sentenced to seven years' rigorous imprisonment. In addition to the aforesaid offences the appellant was convicted under section 452, Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine of Rs. 50/-: in default of payment of fine to undergo one month's further rigorous imprisonment. Aggrieved by the convictions and sentences awarded to him the appellant has filed these appeals.

(2.) WE may state, here, that along with the appellant three more accused were put up for trial viz. his brother Abdul Rehman, mother Mst. Jetun, and father Habib, but they have been acquitted and the State has not filed appeal from their acquittal.

(3.) SO far as the stab wound caused to P. W. 12 Aziz Mohammad is concerned, we have the consistent version of as many as six witnesses, viz. PW 1 Habib. P. W. 2 Gulam Rasool, PW 9 Baby, PW 12 Aziz Mohammad (injured), PW 15 Batul and PW 16 Manzoor that it was Abdul Salam, who had inflicted the stab wound with a knife to Aziz Mohammad. This fact is contained in the first information report also, which was lodged very promptly by Habib (P W. l ). In our opinion, the prosecution has proved to the hilt that it was Abdul Salam, who had caused injury to Aziz Mohammad. It is also clear that the injury was inflicted on a vital part of the body viz, abdomen on the left side omentum abdomen above left anterior or superior iliac spine. The injury was consequently dangerous to life and if the injured had died, the accused would have been guilty of an offence under section 302, Indian Penal Code. There is thus no escape from the conclusion that Abdul Salam committed an offence under section 307, Indian Penal Code, by causing stab wound with a knife to Aziz Mohammad and he has rightly been convicted of the said offence. The sentence of seven years' rigorous imprisonment awarded to him, under sec. 302, Indian Penal Code, is just and proper and does not call for interference.