Bhangi Dubey vs Emperor

Coutts, J.—The petitioner in this case, Bhangi Dubey, has been convicted u/s 325 of the Indian Penal Code and has been sentenced to one year''s rigorous imprisonment and a fine of Rs. 100.

The case for the prosecution was that on the evening of the 24th of February 1922, as Shah Ghulam Makhdum was on his way home he was assaulted by the petitioner and others, and Bhangi Dubey struck him with a danta on his left eye with the result that the sight of his eye was destroyed. The whole prosecution evidence in regard to the actual occurrence has been dis-believed except the evidence of Shah Ghulam Makhdum himself, and it is on his uncorroborated statement that the petitioner has been convicted. There is serious enmity between the accused and Shah Ghulam and in my opinion, it is unsafe to convict the petitioner on the uncorroborated testimony of this witness. I would accordingly set aside the conviction and sentence and acquit the petitioner; the fine if paid must be refunded.

Das, J.

I agree.