- (1.)Ghani Applicant has been convicted Under Sections 307 IPC and 25 of the Indian Arms Act. The sentence awarded to him under the former count is three years rigorous imprisonment and a fine of Rs. 200/-, while under the latter, he has been given one year's rigorous imprisonment. Both the sentences were, however, made to run concurrently. Qabool Applicant has been convicted only Under Section 323 IPC and sentenced to a term of three months rigorous imprisonment. All these sentences were maintained by the Sessions Judge on appeal; hence this revision.
(2.)The prosecution case, briefly stated was that on 25-9-1962 Smt. Asghari., wife of Abdul Ghani complainant had come out of her house to throw rubbish sweepings. The Applicant, Ghani was also living in the neighbourhood and is related to her as her sister's husband. He is alleged to have passed filthy remarks against her, which were resented by her. When her husband returned home in the evening, she reported the matter to him. The latter went to the house of Ghani Applicant to lodge a protest against his undesirable behaviour meted out to his wife, but the Applicant was not at home. Next day at about 12 noon, when the complainant was coming from the field to his house to take lunch, Ghani and Qabool Applicants happened to meet him. Qabool was armed with a lathi. The complainant questioned Ghani Applicant as to why he had misbehaved with his wife on the previous day. Thereupon Ghani Applicant is said to have retorted that he would continue to do so. The complainant then held out a threat to him that he would take the matter before the Panchayat and shall see that he is excommunicated. Instantly Ghani Applicant pulled out a pistol from his waist. Seeing the fire arm the complainant started running, but Ghani fired a shot at him hitting the former in the right arm and shoulder. Qabool Applicant, who was accompanying Ghani, also struck a few lathi blows on the complainant. On an out-cry raised by the latter, his brother Akbar and other witnesses including Ismail, Majid and Rah mat rushed to the spot and witnessed the occurrence. After some pursuit and scuffle the Applicants were arrested by the villagers. During the scuffle the Applicants received some injuries. A country made pistol along with two live catridges were recovered from the possession of Ghani Applicant. Both the Applicants along with the said pistol and cartridges were handed over at the Police station and a First Information Report was lodged by the complainant at 4 p.m. The complainant was medically examined at 5-30 p.m. and was found to have received six injuries on his body, two of which were gun shot wounds--the first being on the right arm and the second one on the right shoulder. There were also two contused wounds on the left side of the head besides abrasions.
(3.)On the side of the Applicants, Ghani received twelve simple injuries caused by some blunt weapon, whereas Qabool also received some minor injuries, which were noted in the General Diary.