AYUB Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) There are eight appellants in this appeal. During the pendency of the appeal. Abdul Qaiyum is reported to have died. All the appellants were tried and convicted for offences punishable under Ss. 147, 323/149 and 307/149 of the Indian Penal Code and were sentenced to one year's rigorous imprisonment under Sec. 147. nine months' rigorous imprisonment u/Ss. 323/149 and three years' rigorous imprisonment under Ss. 307/149 of the Indian Penal Code. They preferred an appeal before the High Court. The High Court altered their convictions and convicted them under Sections 147,323 149, Indian Penal Code and sentenced each one of them to one year's and nine months rigorous imprisonment respectively and under Sections 325/149, Indian Penal Code for one and a half years' rigorous imprisonment.

(2.) The prosecution case is as follows: Heta and Shri Ram are real brothers and Naubat and Ramchandra are sons of Heta. Qaiyum and Ayub are related as son and father. Kaley Khan and Sayeed are brothers of Ayub Ram Prasad, Bhim Singh, Parmanand and Kanchhid are sons of Ram Chandra. There were civil disputes because of which there was enmity. On 1-2-1976, the day' of occurrence, Gopal Singh engaged PW-5 and others to cut the standing crop. While so, the two accused, Ayub and Kaley Khan raised objections. After about 15 minutes all the eight accused in the case armed with lathis and dandas came there and inflicted injuries on the witnesses. A report was given at 10.45 a.m. The Sub-Inspector, PW-6. registered the crime and brought the injured persons to the hospital. The medical evidence show's that some of them received simple injuries and two of them received grievous injuries. The accused put forth a counter version stating that the prosecution party also inflicted injuries on two of the accused persons. That case was also investigated and a charge-sheet was laid.

(3.) The prosecution relied on the evidence of Gopal Singh, Rajveer and Ram Prasad who figured as eye-witnesses. The fully supported the prosecution case.