LIYAQAT AND OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Revisionist / accused has knocked the door of this Court while invoking revisional jurisdiction under Section 397 / 401 Cr.P.C. assailing the judgment and order dated 04.03.2005 passed by learned Sessions Judge, Dehradun dismissing the appeal preferred by revisionists against the judgment and order dated 17.01.2005 passed by Special Judicial Magistrate II, Dehradun, whereby learned Magistrate has found revisionist nos. 1, 3, 5 & 6 guilty for the offences punishable under Section 323, 324, 147 IPC and sentenced them to serve simple imprisonment for one month under Section 324 IPC and further sentenced them to pay Rs. 500/- each under Section 147 and further sentenced them to pay Rs. 500/- each under Section 323. In default of payment of fine, they were directed to undergo one week additional imprisonment. Respondent no. 2 was convicted under Sections 148, 324 IPC and sentenced to pay fine of Rs. 500/- under Section 148 IPC and to undergo one month's simple imprisonment under Section 324 IPC, in default of payment of fine, to further undergo one week simple imprisonment. Respondent No. 4 was convicted under Section 147, 325 IPC and sentenced to undergo one year imprisonment and to pay fine of Rs. 1000/- under Section 325 and to pay fine of Rs. 500/- under Section 147 IPC, in default of payment of fine, he was further directed to undergo two months' simple imprisonment.

(2.) Brief facts of the present case inter alia are that on 20.04.1991, nephew of Munfait had teased Khurshida, daughter of Mushtak, for which he had lodged a report with police. Munfait, as well as, his brother and friends had doubt in their mind that report was lodged on the saying of informant. For taking revenge, accused / revisionists in the night of 24.09.1991 at about 09:00 p.m. entered into the house of informant. Revisionist no. 2 was armed with knife while others revisionists were armed with lathies. All the accused persons started beating family members of informant and caused grievous injuries on the persons of Smt. Sugra, Iliyas Ali, Km. Sanowar, Smt. Harja, Smt. Taneja, Smt. Rashidan. All the injured were examined by doctor in Doon Hospital and as per medical report, Rashidan had received 3 incised wound, one contusion and one lacerated wound; Km. Sanowar was found having one abrasion and one contusion; Iliyas Ali was found having abraded contusion and multiple abrasions; Smt. Taneja was found having six contusions on her body; Smt. Harja was found having traumatic swelling on the back of right elbow.

(3.) To prove prosecution story, complainant PW1 Abdul Gani, PW2 Smt. Sugra, PW3 Mohd. Iliyas, PW4 Hajra, PW5 Mohd. Hasan, PW6 Dr. V.K. Sharma, PW7 Dr. B.K. Oly, PW8 Dr. Suresh Mehta, PW9 Dr. D.M. Kala, PW10 Abdul Hasan and PW11 SI Kanchan Singh Upadhyay were produced and examined.