MAQSOOD Vs. STATE OF U.P.

JUDGEMENT

(1.) CRIMINAL appeal no.6665 of 2007 preferred by eight appellants namely Maqsood son of Mehmood, Shakeel son of Yaseen, Jabbar son of Shakeel, Ayyub son of Mehmood, Majhar son of Chhota, Haneef son of Yamin, Khalik and Zinda sons of Yamin against judgment and order dated 24.9.2007 passed by Additional Sessions Judge FTC No.4, Saharanpur, arises out of Session Trial No.868 of 1997 whereby appellant nos. 1, 2 and 6 were convicted under Section 147 I.P.C. and sentenced to undergo one year R.I., under Section 323/149 I.P.C. six months R.I., under Section 308/149 three years R.I. and fine of Rs.3,000/ - each. In default of payment of fine, three months additional imprisonment. Appellant nos. 3, 4, 5, 7 and 8 were convicted under Section 147 I.P.C. and sentenced to undergo one year R.I., under Section 323/149 six months R.I., under Section 308/149 four years R.I. and fine of Rs.1,000/ - each. In default of payment of fine, one month additional imprisonment.

(2.) THERE are cross cases registered at case crime no.65 of 1997 and 65 -A of 1997 at Police Station Chilkana, District Saharanpur, both cases were tried together, though decided by different judgments but on the same date. We have heard Sri Anurag Pathak learned counsel for appellants, Sri Rajiv Lochan Shukla learned counsel for first informant and learned A.G.A. for the State. Occurrence is alleged to have taken place on 5.5.1997 at 11:30 a.m. First information report was lodged by Musharraf son of Zafar, resident of village Naya Bans, Police Station Chilkana, District Saharanpur against all the accused on the same day at 1:00 p.m. at Police Station Chilkana, District Saharanpur. Musharraf and Ameer Ahmed received injuries in the incident. Their injuries were examined by Dr. R.K. Verma. Injury report of Musharraf is Ext. Ka -2 and supplementary injury report is Ext. Ka -3. Injury report of Ameer Ahmed is Ext. Ka -4. X -ray report of Musharraf is Ext. Ka -5.

(3.) INJURIES of Musharraf examined on 5.5.1997 at 4:40 p.m. are quoted below: -