1. This is a revision against the judgment of the S. D. M, old town, invested with powers under S. 30 Cr.
2. P. C., convicting the applicant for an offence under S. 307 P. P. C. And sentencing him to undergo R. I.
3. For 4 years and pay a fine of Rs. 1,000 or In default to undergo R. I. For one month.
4. On 13-8-67 there was betrothal ceremony of the daughter of Munshi Khan. The appellant who was related to him had not attended the ceremony although he was invited. So he approached the appellant to prevail upon him to attend the ceremony but he refused. So Munshi Khan was returning when the appellant followed him with a knife and stabbed him on the thigh and abdomen. Munshi Khan fell down on the ground. On the cries other persons besides Mst. Nannhi arrived and she too was stabbed. Consequently, first report was lodged. The police after usual investigation challaned the appellant who proclaimed his innocence. He admitted that he had not attended the ceremony and he was approached by Munshi Khan and he had declined. He further stated that Munshi Khan went out and called him out to show the fun and then Munshi Khan attacked him with a knife. He sustained injuries on the palm of his hand. Munshi Khan wanted to attack him second time and his mother also arrived. During the scuffle Munshi Khan and his mother sustained the injuries. He made a report to the police but the case was not challaned.
5. The learned Magistrate accepted the evidence and convicted and sentenced the applicant as above. An appeal was filed in the Sessions Court and it was dismissed by the Additional Sessions Judge. Consequently, the present revision application has been filed.
6. There can be no manner of doubt that Munshi Khan and Mst. Nannhi had sustained the injuries. The medical officer who had examined them was not traced and, therefore, he could not be examined.
7. So another doctor who was conversant with his handwriting was examined and he produced the certificate. According to this certificate Munshi Khan had sustained two injuries, one was on the abdomen 1" x --" and the other was on the thigh 1--' x --' both the injuries were simple. Mst. Nannhi had sustained one injury x 1'. This injury was also simple. The applicant had also sustained two injuries on the left palm and the left hand which were simple.
8. As regards the identity of the appellant with the crime the learned counsel for the applicant frankly conceded that he was not in a position to assail the evidence. Despite this I have examined the evidence and I am of the view that it has been fully established that the applicant had inflicted the injuries. There is the evidence of Mst. Khurshid, Munshi Khan, Mst. Nannhi and Mst. Hakima. All of them stated that the applicant had caused the injuries to the two injured persons. Then there is the evidence or Shabbir Ahmad, Taj Muhammad who were attracted by the alarm and found the applicant running with the knife but he was captured. Abdul Rahim arrived later and he simply found that all the three had injuries.
9. Even the applicant had admitted the fight but he pleaded that he was attacked by Munshi Khan and during the scuffle the two had sustained the injuries. There is no substance in the plea taken by the applicant. It is clear that the applicant had sustained minor injuries on the hand while the other had received injuries on the other parts of the body. It seems that the applicant had sustained the injuries while he was inflicting injuries upon the other two. The applicant had examined defence.
10. There are two witnesses, Nur Muhammad and Zafarullah Khan who stated that there was scuffle between the applicant and Munshi Khan and during that scuffle Munshi Khan who had a knife had caused the injuries to the applicant. Their evidence is unacceptable. It is inconceivable that the person who was attacked escaped with minor injuries.
11. It was however, urged by the learned counsel for the applicant that the facts of the case did not amount to an offence under S. 307 P. P. C. As the intention to commit the murder was not established. I entirely agree with this contention. Simple injuries had been caused. Of course one of the injuries to Munshi Khan was on the abdomen but it was simple injury There was no previous intention on the part of the applicant to have killed Munshi Khan. The assault was sudden. It seems that there was soma altercation and as a result of that the applicant assaulted Munshi Khan an the woman who arrived later to intervene. I am, therefore, of the opinion that the offence would fall under S. 324 P. P. C.