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1979 Supreme(SC) 185

S.MURTAZA FAZAL ALI, A.D.KOSHAL
Abdul Waheed – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

S. M. FAZAL ALI, J. :- In this appeal by special leave, the appellant has been convicted under S. 302 and sentenced to imprisonment for life and fine of Rs. 100/-. He has also been convicted under S. 324 and sentenced to one years R.I. and fine of Rs. 100/-. We have gone through the judgment of the Sessions Judge and we find that it has given cogent reasons for believing the prosecution case and rejecting the defence version. The High Court dismissed the appeal summarily but as some of the accused had injuries on their person, prima facie, the matter required further investigation and that is why special leave appears to have been granted by this Court. As this appeal is more than six years old, we have instead of remanding the case examined the evidence ourselves and after examining the same we find ourselves in complete agreement with the view taken by the learned Sessions Judge.

2. Mr. Hardev Singh, vehemently, argued that in view of the serious injuries present on the accused persons particularly accused No. 1, the Sessions Judge should have accepted the defence version. The genesis of the defence case was that there was a grazing dispute in the field of the appellant wh



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