Law:

Section:

Keywords: Private Defence, Conviction, Lands, Receipt, Prosecution, Land, Grievous Hurt, Registered, Fine, Defence, Investigation, Set Aside, Evidence Result: Appeal accepted JUDGMENT This appeal from the judgment of the learned Additional Sessions Judge, Hyderabad, convicting the appellant for an offence under section 326, P. P. C. And sentencing him to R. I. For three years and a fine of Rs. 500 in default whereof he was to suffer further R. I. For one year, has arisen in the following circumstances. 1. The prosecution story in brief is that on the 20th June 1970, at about 10 a.m., the appellant was seen standing before the house of Fida Hussain, and making gestures to the women folk inside. A.I Murad, who was the hari of Fida Hussain, had remonstrated. The appellant is alleged to have been infuriated on the protest and had caused hatchet injuries to A.I Murad on his arm. Karim Bux, the brother of A.I Murad had proceeded to the Police Station Badin and lodged the report. The case was registered under section 324, P. P. C. Which subsequently came to be converted for an offence under section 326, P. P. C. After due investigation, the case came to be sent up in the Court of the Civil Judge & F. C. M., Badin. 2. The appellant in his statement at the Court of Inquiry as well as at the trial maintained that he was the hari of certain pieces of land which belonged to Dhani Bux, and the same had been purchased by Fida Hussain. Fida Hussain wanted to oust hire from the land, and as he (the appellant) had refused to comply with the demand, he had been attacked by A.I Murad, Karim Bux and Wahid A.I, and had sustained a number of injuries. The injuries to A.I Murad had been given by him just to ward off the peril to his life. He also examined D. W. Bhambo in his defence. 3. The F. I. R. Lodged by Karim Bux, clearly shows that the incident had gone un-witnessed and it was only on the cries of A.I Murad that he, Allah Bachio, Allah Warayo and Khano son of Saleh had found A.I Murad lying with injuries on the left arm which was cut at the wrist, and the appellant standing with a hatchet in his hand. On seeing them, the appellant took to his heels, and they did not make…

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