STATE Vs. AKBAR AND OTHERS

JUDGEMENT

(1.) This is a Govt. Appeal against the judgment of Sri B.D. Agarwal, Assistant Sessions Judge (II), Jaunpur dated 14 -9 -59 acquitting the five Respondents in this appeal, namely, (1) Akbar, (2) Wali Mohammad, (3) Ali Ahmad, (4) Abdul Haq and (5) Ghufran son of Mohammd Nazir of all the charges framed against them. The Respondents Nos. 1 to 4 were charged under Ss. 147, 326/149, 326/34 and 395/397 IPC. The Respondent No. 5 was charged Under Sec. 395/397 read with Sec. 109 IPC for having abetted the said offences. The Respondent No. 3 was further charged Under Sec. 148 IPC. There was another accused person named Mukhtar who was also prosecuted in connection with the same transaction. Mukhtar, however, died before the trial, and we are not concerned with his case. The victim of the offences in respect of which the Respondents were charged was one Hakim Mukhtar.

(2.) The prosecution case is that Hakim Mukhtar was practising as Hakim at village Kheta Sarai which is situate within the jurisdiction of police station Sarai Khwaja in the district of Jaunpur. His relations with Ghufran, Respondent No. 5 in this appeal, were not good. Ghufran was practising in the same village as a homeopath Ghufran's brother Hakim Yakub was also practising as a Hakim in the same village. There was professional rivalry between them on the one hand and Ghufran's brother on the other. The latter bore a grudge against him as Hakim Mukhtar practice was better.

(3.) It was also alleged that Hakim Mukhtar had purchased some land from one Kalka Prasad. Ghufran had caused a suit to be filed by Akbar Respondent No. 1 against him. Ghufran, Abdul Haq and Mukhtar helped Akbar in the prosecution of his suit. Mukhtar and Abdul Haq also appeared as witnesses in the said suit. Hakim Mukhtar eventually won that case in May, 1958.