TAQI MIRZA Vs. REX

JUDGEMENT

(1.) One Taqi Mirza, aged 18 year according to the first information report, appeals against his conviction under Section 307,. Indian Penal Code and sentence of three years rigorous imprisonment by the learned Sessions Judge of Allahabad.

(2.) The occurrence had taken place at 6-46 p. M. on 8 November 1946, in Mohalla Nai Basti, Allahabad City. A report of the incident was lodged by one Chhotelal Ahir, a milk vendor, at the Kotwali Police Station at 7 p. m. the same evening, in which the appellant and another young Muslim were mentioned as his assailants.

(3.) The allegations in the said report were that, when Chhotelal, after supplying milk, was returning from Muthiganj to his house and hail reached a place known as the "Tuta Puff" (damaged culvert) in Mohalla Nai Basti, two Muslims, both aged 18 years, surrounded him, that one of them, namely the appellant, attacked him with a knife, that the appellant, whom he knew, lived in the Muslim League Office of the Mohalla and that there was no one except an ahir who had seen the incident, that man being one Jagannath.