SUJATA V.MANOHAR, S.C.AGRAWAL
Hikmat Ali Khan – Appellant
Versus
Prasad Arya Ishwar – Respondent
JUDGMENT
S.C. Agrawal, J.-Ishwar Prasad Arya, respondent No. 1, was registered as an advocate with the Bar Council of Uttar Pradesh and was practising at Badaun. An incident took place on May 18, 1971 during lunch interval at about 1.55 p.m. in which respondent No. 1 assaulted his opponent Radhey Shyam in the court room of Munsif/Magistrate, Bisauli at Badaun with a knife. A pistol shot is also said to have been fired by him at time of incident. After investigation he was prosecuted for offences under Section 307 of the Indian Penal Code and Section 25 of the Arms Act. The 1st Temporary Civil and Sessions Judge, by his judgment dated July 3, 1972, convicted him of the said offence and sentenced him to undergo rigorous imprisonment for three years for the offence under Section 307 I.P.C. and for a period of nine months for offence under Section 25 of the Arms Act. The conviction and sentence for the offence under Section 307 I.P.C. were maintained by the High Court by its judgment dated September 10, 1975 in Criminal Appeal No. 1873 of 1972 but he was given the benefit of doubt regarding offence under Section 25 of the Arms Act and the conviction and sentence for the said offence wer
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