- (1.) BY way of this Appeal, the original accused has felt aggrieved by the judgment and sentence dated 20.02.1997 passed by the learned Additional Sessions Judge, Ahmedabad City in Sessions Case No.68/1993 whereby the accused was awarded the following punishment : Under Section 307 of the Indian Penal Code Rigorous imprisonment of four years and fine of Rs.1,000/= and in default, rigorous imprisonment for one month. Under Section 135(1) of the Bombay Police Act No sentence.
(2.) THE short facts of the prosecution case and the incident which is alleged to have occurred on 20.05.1992 are as under : - On the said day at about 12.15 pm, the appellant accused is alleged to have given knife blows to Yasin Noor Mohammed Shaikh on a public road. The friends of Yasin brought the injured man to his house. Yasin was bleeding profusely, he had sustained injuries on the chest, on the waist as well as on the left hand. Thereafter, the injured was taken to the Hospital. It was told by Yasin that on the previous day, a scuffle took place with the accused and therefore, the incident had taken place. A complaint was lodged before the Gomtipur Police Station. An offence under Section 307 of the Indian Penal Code and under Section 135(1) of the Bombay Police Act was registered against the present accused. The P.I. prepared the Panchnama of the scene of the offence, recorded the statement of the concerned witnesses, got the blood stained clothes of the injured and also prepared panchnama of the clothes of the accused. The muddamal knife was sent to the FSL. The certificate of the injured was received from the hospital and since there was sufficient evidence against the accused, a chargesheet was filed against him in the Court of the learned Metropolitan Magistrate on 02.09.1992. Since the offence u/s. 307 of the Indian Penal Code was exclusively triable by the Court of Sessions, the learned Metropolitan Magistrate, Court No.10 committed the case to the Court of Sessions.
(3.) TO prove the case against the present accused, the prosecution has examined several the witnesses, and the prosecution also relied on several documentary evidence which are : - Particulars Exhibit Muddamal List 4 PW No.1 Noormohammedbhai Iba 13 PW No.2 Yasinbhai Noormohammedbhai 15 PW No.3 Mohammed Rafik Mohammed Hussain 16 PW No.4 Chaturbhai Mulabhai 17 PW No.5 Mohammedshafi Samiullah 19 PW No.6 Iqbalbhai Safdarkhan 20 PW No.7 Mohammedali Sabbirhussain Shaikh 21 PW No.8 Doctor Sanjay Rajendrabhai 23 PW No.9 Chandansingh 25 Page 4 of 10 Hadmatsingh Chauhan Mohammedali Shabbir Hussain 32 Ishratali alias Jamaalbhai Nasuruddin 34 Annexure 6/13 Report of the FSL 11 Annexure 6/14 Map of the scene of the offence 12 At this stage, it is relevant to reproduce Section 307 of the Indian Penal Code which reads as follows : - "307. Attempt to murder. - Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life], or to such punishment as is hereinbefore mentioned.";