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2005 Supreme(SC) 727

S.H.KAPADIA, ARIJIT PASAYAT
Anwarul Haq – Appellant
Versus
State Of U. P. – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Allahabad High Court, Lucknow Bench affirming his conviction for offence punishable under Section 324 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentence of one year rigorous imprisonment as imposed by the trial court. The revision application filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) was dismissed. Initially four persons had faced trial. Three of them were acquitted.

3. The prosecution version in a nutshell is as follows:-

On 8th of July, 1990, in the evening Naseeb Alam (PW-1) was going to his house from Sadullanagar market. At about 4.30 P.M. in front of Village Parsarampur on the road, four accused persons, who were co-villagers met him. Due to old animosity, they began to uttar vulgar abuses. Upon objection, accused-appellant Anwarul Haq inflicted blows by the knife carried in his hand, because of which serious injuries were caused in the right hand of PW-1. Jesulla and Idrish (PW-2) coming towards to the village from Sadullanagar reached there upon hearing his cri



















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