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Criminal Miscellaneous Application No. 848 of 1978, decided on 23rd April, 1979.

--‑‑S. 417‑Appeal against acquittal‑Incident found exaggerated and allegation regarding respondents giving slaps and fist blows to injured prosecution witness, not finding support from medical evi dence‑Evidence of independent witness showing exchange of hot words between victim and convicted accused, but none of respon dents shown to have beaten injured prosecution witness‑Acquittal of respondents, held, rightly recorded, in circumstances.‑[Appeal against acquittal].

Mirza Ghiasuddin for Petitioner.

Muhammad Ali Sheikh for Respondent No. 1.

Nemo for the State.

Date of hearing : 23rd April, 1979.

This is an application for leave to appeal against acquittal of two out of three accused by the Ist Extra Joint Civil Judge & F. C. M., Hyderabad in a case started on a direct complaint for offence under sections 323, 324/34 and 506, P. P. C.

2. The facts in brief are that complainant Wahid Box, had a shop for sale of chickens and eggs on Lajpat Road, Hyderabad. He resided. in the shop with his two sons Asghar and Akbar. The. accused including the respondents Nos. 1 and 2 were doing the same business in the adjacent shop. During the absence of the complainant it was alleged that' the three accused had come to his shop .and enquired about him. On being told that he was away accused Abdul Hameed bad caused a knife injury to Asghar a boy of 12 years and the remaining two accused had given him fist blows and slaps. They had then left threatening that they would cause harm to the boy's father.

3. The medical evidence showed that the boy had sustained a simple scratch over the eye which was semi‑healed measuring 1" x r x skin deep. According to the medical officer the kind of weapon could not be ascertained. There was no mark of any other injury on the person of the boy. The learned Magistrate found that the incident had been ex aggerated and there was hardly anything to suggest that the three accused bad come together and beaten‑ the boy. Therefore relying on the evi dence of the only independent witness Lai Dino Shah he convicted accused Abdul Hamid only and acquitted respondents Haji Khuda Bux and Allah Bux.

4. It has been argued by Mr. Muhammad Ali Shaikh that the learn ed Magistrate ought to have considered the evidence of boy Asghar regarding the presence of all the three accused and the threats given out by them. It, however, appears that the incident has been exaggerated and the allegations of the boy that Allah Bux and Khuda Box gave hint slaps and fist blows found no support from the medical evidence. P. W " Lal Dino Shah the only independent witness has definitely stated that a exchange of hot words between Hameed and Asghar took place and Asghar received a knife injury on his forehead. No body else had beaten injured Asghar. 1n the face of this evidence no conviction could

recorded against the respondents for any other offence.

There is thus hardly any substance in this application for leave t0 appeal which is accordingly dismissed.

Petition dismissed.

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