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1977 DIGILAW 678 (MP)

Habib v. State of M. P.

1977-12-16

G.P.SINGH

body1977
Short Note : 1. The incident leading to the prosecution of the appellant took place on 14.5.1976 at about 9:30 p.m. in Itwara, Bhopal. It appears that Abdul Hamid (PW-1) is a wholesale vegetable merchant. There was some quarrel between Abdul Hamid and Abdul Sattar, who was also one of the accused in the trial Court, a day before the incident took place. The prosecution case is that on 14.5.1976 Abdul Sattar and Mohammad Ishaq (the other accused were acquitted by the trial Court) and the appellant Habib came to the spot and the appellant Habib struck Abdul Habib either with a knife or a razor and caused a number of injuries. The prosecution case further was that Abdul Sattar and Mohammad Ishaq prevented Abdul Habib from running away. Abdul Sattar and Mohammad Ishaq were acquitted by the trial Court because of some discrepancies in the evidence. As earlier stated, the appellant Habib was convicted under section 307 of the Code. 2. However, the trial Court believed Abdul Habib and I also find no reason to take a different view. Abdul Habib's evidence that it was the appellant Habib who caused the injuries is supported by the first information report, Ex.P-1 and the various injuries found on his person. 3. The doctor further stated in paragraph 7 of his deposition that injuries Nos. (i) and (iii) were sufficient in the ordinary course of nature to cause death. He also deposed that if no medical help was immediately given, the patient might have died. In my opinion, having regard to the seriousness of the injuries and the evidence of the doctor it is clear that the offence under section 307 of the Code has been made out. The appellant struck Abdul Habib (PW-1) on vital parts such as head, chest and abdomen and it is clear that his intention was to cause death. The injuries caused were also very serious. 4. The conviction of the appellant under section 307 of the Code is well-founded. Appeal dismissed.