G.S.N. Tripathi, J. - (1.) The then IIIrd Addl. Sessions Judge, Agra, vide his judgment and order dated 27.8.79 convicted the accused Allauddin, Moinuddin, Sadruddin and Wahajuddin on the charge under section 324/34 Indian Penal Code and sentenced them to undergo R.I. for a period of 24 years.
(2.) The prosecution case started on the basis of a FIR lodged by Mohd. Safiq at P.S. Loha Mandi, Agra on 29.11.75 at 19.20 P.M. after covering a distance of 5 furlongs. The incident is said to have taken place on 29.11.75 at 17.45 P.M. The complainant has alleged that on that very date at about 4.45 P.M., he had gone to offer Namaz in the mosque. He received an information through his son Kammo that his son Abid Ilahi had been injured with a knife by some persons and he was lying injured on the roadside. He ran towards the place, where his son Abid Ilahi was lying. He enquired from Abid Ilahi as to who had caused injuries to him. He named Allauddin @ Kalua, Moinuddin, s/o Kalua, Sadruddin and Wahajuddin (all appellants) as his assailants who had caused injuries to him with knives with an intention to murder him. The incident had been witnesses by Munna, Hafiz and Kallu Pathan. They had assaulted him because the injured used to sell meat at the shop of Chottey. After gathering this information from his son Abid Ilahi, the complainant at first brought the injured to the hospital. After his admission in the emergency ward, the complainant came to the Police Station to report about the matter.
(3.) The injured had been examined in the hospital. The following injuries were found by Dr. K.P. Sarabhai, who had examined him at 6 P.M. in the same evening:- Incised wound size about 51/2" x 13/4 x 1/4" x transversely on the Left side of back 21/2" from the mid line muscle deep. Incised would size about 41/2" x l/2" skin deep over the Rt. side of back about 1" from mid line gling up about 41/2" from left posterior axillary fold. Incised wound size about 3" x 1/4" skin deep over the Rt. side of back starting from mid line going up about 11/2" below the Rt. shoulder. Incised wound size about 4" x 3" x 2" over the post side of Rt. upper arm starting from post axillary fold going anterior. Incised wound size about 21/2" x 11/2" x 1/2" over the middle Lt. side of Rt. upper arm just in the middle under deep. Nature 4,5 U.O. rest simple. Duration Fresh, caused by sharp object. Adv. X.ray chest. The patient was in a critical condition. He was kept under observation.;