- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order of the High Court of Judicature at Allahabad, Lucknow Bench passed in Criminal Appeal No. 8 of 1996 dated 04.07.2007 in and by which, it dismissed the appeal insofar as the appellant herein is concerned and confirmed the conviction and sentence imposed on him by the Addl. District and Sessions Judge, Lucknow in Sessions Trial No. 323 of 1994 under Section 308 IPC for a period of two years.
(3.) Brief facts: a) According to the prosecution, on 21.04.1989, at about 4.00 p.m. in the evening the accused persons Dastgir and Jameel injured Hasib Mohammad, son of Ikram Ali-the Complainant assaulting with lathis on the way near granary while carrying seeds to the fields in village Khwaja Ka Purwa, hamlet of Rojoli under Police Station Chinhat, District Lucknow. The said incident was witnessed by Rashid and Siddique. The cause of the incident as stated was that one day before the incident, the accused persons Jameel and Dastagir reaped two bundles of hay more from the fields of informant Ikram Ali. It was he, who made a complaint to the police which was registered at 7.30 p.m. on 21.04.1989. Injured Md. Hasib was sent to Balrampur hospital for medical examination where Dr. T.N. Singh, the emergency medical officer Balrampur, Lucknow examined him at 8.45 p.m. on 21.04.1989 and found the following injuries:- i) One ruptured wound 4 X 1.5 cm deep under observation on the left side of the head, 7 cm above the eye-brow. ii) It was bleeding and swelling around the injury. b) The X-ray of injury on the head of Hasib was conducted on 22.04.1989 by Dr. Amit Kumar - Radiologist Balrampur. After completion of the investigation, charge- sheets being exhibits K-5 and K-6 were filed against Jameel and Dastgir on 31.05.1989 and 09.06.1989 respectively under Section 308 IPC. c) The prosecution examined the informant Ikram Ali as PW-1, Smt. Mehrunisa wife of injured Hasib as PW-2, injured Hasib as PW-3, Dr. T.N. Singh as PW-4, Dr. Amit Kumar as PW-5 and Police Inspector/Investigating Officer Shri Mahraj Singh as PW-6. d) The accused denied the charges leveled against them in the statement under Section 313 CrPC and stated that the case was instituted due to enmity. In defence, no evidence was produced on behalf of the accused persons. However, they filed an application stating that the prosecution case does not fall under Section 308 and it falls under Section 324 IPC. e) The trial Court found that in the incident both the accused persons participated in inflicting injury to Hasib with the common intention and were liable equally in inflicting one injury on Head, therefore, the offence under Section 308 is proved against the accused persons. In view of the said conclusion, the trial Court convicted the accused persons i.e. Dastgir and Jameel under Section 308 IPC on 22.12.1995 and punished with two years rigorous imprisonment. f) Aggrieved by the aforesaid conviction and sentence, both the accused persons preferred Criminal Appeal No.8 of 1996 before the High Court of Judicature at Allahabad, Lucknow Bench. The High Court by the impugned order and taking note of the statement of the injured found Dastgir not guilty and acquitted him, however, confirmed the conviction and sentence insofar as Jameel and dismissed his appeal on 04.07.2007. Questioning the same, the present appellant-Jameel has filed the above appeal by way of special leave.;