HAMIDA Vs. RASHID ALIAS RASHEED

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been filed by the complainant Hamida widow of Balla against the judgment and order dated 1.7.2005 of Allahabad High Court, by which the petition u/s. 482 of the Code of Criminal Procedure filed by the accused respondents herein was disposed of with certain directions. By the impugned order it was directed that the accused respondents, who had been initially granted bail in offences under Ss. 324, 352 and 506 of the Indian Penal Code by the Chief Judicial Magistrate, Muzaffarnagar, would continue to remain on bail even after the offence had been converted to one u/s. 304 of the Indian Penal Code, if they furnished the requisite personal bonds and sureties before the concerned Court.

(3.) The appellant Hamida lodged an FIR at P.S. Kotwali, Muzaffarnagar at 00.10 hours on 13.6.2005 alleging that when her husband Balla was participating in a Panchayat of the Biradari (community) the four accused respondents lodged an attack upon him with licensed and illegal arms, exhorting that they would kill him. Naushad accused assaulted him with a chhuri (long knife) due to which Balla received serious injuries. The other accused fired from their respective weapons and thereafter ran away from the scene of occurrence. On the basis of the FIR lodged by the appellant, a case was registered as Crime No. 792 of 2005 under Ss. 324, 352 and 506 of the Indian Penal Code at P.S. Kotwali, Muzaffarnagar. The injured Balla was rushed to the District Hospital, where he was medically examined at 11.10 p.m. on 12.6.2005. He had sustained serious stab wound in his abdomen from which loops of intestines were coming out.