ILTIFAT Vs. STATE

JUDGEMENT

(1.) BOTH the above-said criminal appeals have been arisen out of the common judgment and order dated 5.6.1996 and the inci­dent in both the appeals is one and the same as well as the evidence is also com­mon in the said trial, hence both of them are being disposed of by this common judgment and order.

(2.) BOTH the criminal appeals, pre­ferred under section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.j, are directed against the judgment and order dated 5.6.1996 passed by the Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.96 of 1993, State Vs. Ishtiyaq and others, whereby the learned Addl. Sessions Judge has convicted the appellant/accused Aalam u/s 324 and 323/34 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). He was sentenced to six months' rigorous imprisonment u/s 324 IPC and further three months' R.I. u/s 323/34 IPC. The appellants-accused Ishtiyaq, Iltafat and Aazim were sentenced to three months' R.I. each u/s 323/34 IPC and further six months' R.I. u/s 324/34 IPC each. All the sentences were directed to run concur­rently.

(3.) IN brief, the prosecution case is that complainant Gufran (P.W.I) lodged an FIR stating therein that on 18.7.1991 at about 9 PM, he: went in the shop of Khurshid (PW2) at his village, where he met with the appellants-accused Ishtiyaq, Aalim and Aazim, who asked the com­plainant not to take the milk of Liyakat. The complainant told them that he had paid the money in advance to Liyakat, hence he would continue to fill the milk. On this, the appellant-accused Ishtiyaq caught hold of complainant by hurling filthy abuses. The appellant-accused Aalim hit at head of the complainant by a Palkati (a sharp edged weapon) with intention to kill while the appellants-ac­cused Aazim and Iltafat started commit­ting Marpit with him by knife and Lathis and thereby made him severely injured as a result of which he fell down. On the noise raised by him, Khurshid, Jarif and Yakub somehow managed to save him from the appellants-accused otherwise they would have killed him. With the same averments, ;the FIR Ex.Ka-1 was lodged by P.W.I Gufran on 20.7.1991 at 11:15 AM-at P.S. Gangnaher, Dist. Haridwar. On thei basis of the FIR (Ex.Ka-1), H.C. Harendra Singh prepared the Chik FIR of the case, i.e. Ex.Ka-3. Entry was also made by him in the G.D., car­bon copy thereof is Ex.Ka-4. The inves­tigation of this case was entrusted to P.W.4 S.I. Dhanpal Singh Chauhan. In­jured Gufran, was medically been exam­ined on 19.7.1991 at 3:10 AM by Dr. Jugal Kishore and medical report after the medical examination was prepared, i.e. Ex.Ka-2. During the course of investiga­tion the I.O. inspected the place of occur­rence and prepared the site plan, i.e. Ex.Ka-5. The I.O. during investigation re­corded the statements of witnesses and after completing the investigation, submit­ted the charge sheet against the appel­lants/accused in the court, i.e. Ex.Ka-6.