ANWARUL HAQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Appellant calls in question legality of the judgment rendered by a learned single Judge of the Allahabad High Court, Lucknow Bench affirming his conviction for offence punishable under Section 324 of the Indian Penal Code, 1860 (in short the IPC) and sentence of one year rigorous imprisonment as imposed by the trial Court. The revision application filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the Code) was dismissed. Initially four persons had faced trial. Three of them were acquitted.

(3.) The prosecution version in a nutshell is as follows :- On 8th of July, 1990, in the evening Naseeb Alam (PW-1) was going to his house from Sadullanagar market. At about 4.30 p.m. in front of Village Parsarampur on the road, four accused persons, who were co- villagers met him. Due to old animosity, they began to utter vulgar abuses. Upon objection, accused-appellant Anwarul Haq inflicted blows by the knife carried in his hand, because of which serious injuries were caused in the right hand of PW-1 Jesulla and Idrish (PW-2) coming towards to the village from Sadullanagar reached there upon hearing his cries, rescued him. They had seen the incident. The accused persons fled away from the spot of the incident while threatening to kill. The accused Anwarul Haq fled away while leaving behind his bicycle at the spot. First information report was written by Rajkumar Srivastava, it was lodged at the police station on the basis of which the first information report was registered on the same day at 17.20 hours vide No. Ex. P/4. The memo for the bicycle was drawn vide Ex. P/2. The wounded informant was sent to the Primary Health Centre, Sadullanagar along with a written letter through the constable Chandraz Bhushan Pathak and his medical examination was done which is Ex. P/3. After the investigations, charge-sheet was filed for alleged commission of offences punishable under Sections 324, 504 and 506, IPC, on the basis of which cognizance was taken.