Law:

Section:

Keywords: Fine, Investigation, Evidence, Defence, Magistrate, Certificate, Plea, Conviction, Modification, Assault Result: Order accordingly JUDGMENT This is a revision against the judgment of the S. D. M, old town, invested with powers under S. 30 Cr. P. C., convicting the applicant for an offence under S. 307 P. P. C. And sentencing him to undergo R. I. For 4 years and pay a fine of Rs. 1,000 or In default to undergo R. I. For one month. On 13-8-67 there was betrothal ceremony of the daughter of Munshi Khan. The appellant who was related to him had not attended the ceremony although he was invited. So he approached the appellant to prevail upon him to attend the ceremony but he refused. So Munshi Khan was returning when the appellant followed him with a knife and stabbed him on the thigh and abdomen. Munshi Khan fell down on the ground. On the cries other persons besides Mst. Nannhi arrived and she too was stabbed. Consequently, first report was lodged. The police after usual investigation challaned the appellant who proclaimed his innocence. He admitted that he had not attended the ceremony and he was approached by Munshi Khan and he had declined. He further stated that Munshi Khan went out and called him out to show the fun and then Munshi Khan attacked him with a knife. He sustained injuries on the palm of his hand. Munshi Khan wanted to attack him second time and his mother also arrived. During the scuffle Munshi Khan and his mother sustained the injuries. He made a report to the police but the case was not challaned. The learned Magistrate accepted the evidence and convicted and sentenced the applicant as above. An appeal was filed in the Sessions Court and it was dismissed by the Additional Sessions Judge. Consequently, the present revision application has been filed. There can be no manner of doubt that Munshi Khan and Mst. Nannhi had sustained the injuries. The medical officer who had examined them was not traced and, therefore, he could not be examined. So another doctor who was conversant with his handwriting was examined and he produced the certificate. According to this certificate Munshi Khan had sustained two injuries, one was on the abdomen 1"…

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