TABARAK ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal revision has been directed against the judgment and order dated 12.7.1985 passed by VIIth Additional Sessions Judge, Moradabad in Criminal Appeal No.29 of 1984. The appellate court has partly allowed the appeal and the judgment and order dated 20.1.1984 passed by IInd Additional Munsif Magistrate, Amroha, District Moradabad in Criminal Case No. 71 of 1983 has been modified to this extent that the sentence of imprisonment awarded to the revisionist Tabarak Ali for offence under section 326/34 has been reduced to R.I. for six months and to pay fine of Rs.1000/- but the sentence of the revisionist for offence under section 324/34 has been reduced to the imprisonment till rising of the court and to pay fine of Rs.1000/-.

(2.) THE brief facts arising out of the case are that a grove situated in plot no.311 area 25 decimal belongs to Ali Akhtar Complainant. The accused Shahid Ali had filed a suit regarding the said grove against the complainant, but he had lost his case due to which he developed illwil against the complainant and his brother. On 30.8.1982 at about 9.00 A.M. the complainant Ali Akhtar and his brother Koshar Raza went to look after their grove and when they reached there in the grove, they saw accused Shahid Ali, Tabarak Ali, Shamshad and Kalim ploughing the land of the said grove, to which the complainant and his brother objected, but accused persons did not stop ploughing the field rather they abused them. The complainant and his brother again asked them not to abuse, at which the accused persons, who caught hold of the complainant Ali Akhtar, accused Tabarak Ali started to beat him with spade, accused Shamshad also caught hold of Koshar Raza and accused Shamshad gave him beating with spade as well as accused Kalim and Shamshad also gave beating to the complainant and his brother with kicks and fists. On the alarm raised by the complainant and his brother, the witnesses Kalua Abbas and Mukhtar Hussain reached the spot, at which accused persons ran away from the spot. The complainant and his brother sustained incised and blunt object injuries inflicted by the accused persons and went to police station whereat the complainant Ali Akhtar lodged an F.I.R. at P.S. Naugawan Sadat, on the basis of which a case was registered and injuries of the complainant and his brother were got examined by the doctor.

(3.) THE learned trial court found all four accused persons guilty under section 324 read with section 34 of I.P.C. and 326 read with section 34 of I.P.C. and convicted them. Each of the accused was sentenced under section 324 read with section 34 I.P.C. to under go R.I. for one year and under section 326 read with section 34 I.P.C. to under go R.I. for two years. Both the sentences were directed to run concurrently.