KHURSHEED Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against judgment and order passed by the High Court of Uttaranchal at Nainital on March 24, 2006 in Criminal Revision No. 627 of 2001. By the said order, the High Court dismissed the Revision and confirmed the order of conviction and sentence passed by the IInd Assistant Session Judge, Roorkee on January 28, 1992 and confirmed by the District and Session Judge, Haridwar on June 9, 1992.

(3.) Brief facts leading to the present appeal are that according to the prosecution, on May 7, 1989 at about 8.00 a.m. in the morning, one Mahmood Hassan was returning to his house after offering a prayer (namaz). He met Zahoor, Khursheed, Naseem and Islam who assaulted him. When Smt. Kulsoom @ Bhoori, wife of Mahmood Hassan attempted to save her husband, she was also assaulted. Injuries were sustained by both of them. The incident was witnessed by Islam, Waseel Ahmed and others. A First Information Report (FIR) was lodged by Gufran Ali, son of Mahmood Hassan on the same day at Jhabreda Police Station. The injured Mahmood Hassan and his wife Smt. Kulsoom were medically examined at Civil Hospital, Roorkee. The Doctor opined that all the injuries were caused by hard and blunt substance. After completion of police investigation, charge sheet was submitted against the accused persons and charge was framed for offences punishable under Sections 325 and 323 read with Section 34 of the Indian Penal Code (IPC).