MOHAMMAD SARWAR Vs. EMPEROR

JUDGEMENT

(1.) 1. The appellant has been convicted by Chandorkar, Magistrate First Class, Akola, exercising powers under Section 30, Criminal P.C., of an attempt to murder Mt. Amirbi and sentenced to five years rigorous imprisonment. The facts of the case are clearly proved and are briefly these: The appellant had been ailing for sometime before 12th April last and his mother Gulabbi (P.W. 2), therefore, called Amirbi (P.W. 11) to come to her house and keep her company for the night. Amirbi accordingly went there and prepared "Harira" food for the appellant and he ate it. Thereafter every inmate of the house, except probably the appellant, went to sleep in the same room in which was the appellant. Sometime after this Amirbi was roused from her sleep by the blow given to her by the appellant with a hatchet and the appellant further struck her two or three more blows after she had got up and then she fell unconscious. Gulabbi also got up hearing the cries of Amirbi and then Cotekhan (P.W. 4) and Jabbarkhan arrived upon the scene and secured the appellant and attended to the wounded woman.

(2.) THE appellant in his examination pleaded ignorance of all the events that happened on that eventful night. As there was no evidence to bring the case of the appellant within the purview of Section 86, Penal Code, the trying Magistrate held him guilty of an offence under Section 307, I.P.C.