SAHAZAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellants U/s 374 Cr.P.C. against the impugned judgment and order dated 09.08.2004 passed by learned First Additional Sessions Judge/ I-F.T.C. Roorkee, District Haridwar in Sessions Trial No.148 of 2002, Crime No.10 of 2002, State Vs. Sahazad @ Sada & Azam Sher @ Kala & in Session Trial No.12 of 2003 (Case Crime No.10 of 2002), State Vs. Maqsood, convicting and sentencing the appellants five years' rigorous imprisonment with fine of Rs.500/- each under Section 307 IPC.

(2.) Brief facts of the case are that on 09.01.2002 at about 3:30 p.m. complainant-Karesan lodged a complaint with P.S. Kotwali Roorkee with the allegations that his nephew Sunil Kumar s/o Ratan Singh R/o of Village Toda Kalyanpur Village had a scuffle with another villager Kala @ Azam Sher 4-5 days back on playing tape-recorder. Today i.e. 09.01.2002 when his nephew was coming back to home after getting his hair dressed he was surrounded by Azam Sher @ Kala with sword in his hand, Maqsood and his son Sahazad @ Sada with iron rods in their hands and with common intention assaulted him and started to give beatings with sword and iron rods at around 10:30 a.m. When his nephew-Sunil raised alarm for help they pulled him inside the house and at the same time villager Ramesh Chand, Rampal and Harpal and many others people reached at the spot, when they challenged the accused, the accused fled away assuming that the victim has died. Thereafter, injured-Sunil was brought to Government Hospital Roorkee where he was admitted and his medical examination was conducted. The complainant also gave medical report of the injured with the complaint.

(3.) On the basis of written complaint, FIR was registered, statements of the witnesses were recorded, spot map was prepared, accused persons were arrested and investigation was conducted.