FATTA Vs. STATE OF U P

JUDGEMENT

(1.) Appellants, Fatta, Janga (read brothers), Ashgar (nephew of Fatta) and Shah Din (son of Janga) stand convicted under sections 304 and 325 of the Indian Penal Code, each read with Section 34 thereof, with a sentence of imprisonment for two years under the first and one year under the second count, per judgment and order dated the 29th of July 1978 passed by Sri D.L. Soni, the then, III Additional District and Sessions, Judge, Saharanpur in Sessions Trial No. 160 of 1978. The decision has been assailed by all the four accused of the said trial by means of appeal which has been numbered as 2162 of 1978.Smt. Moodi, one of the injured, is the wife of Shafi (deceased). She has filed revision registered as 1894 of 1978 praying that the punishment inflicted on each of the said accused-appellants be enhanced as it is not commensurate with the crime committed by them.

(2.) The appeal and the revision, both, were heard together and are being disposed of by common decision.

(3.) A report was recorded on the 23rd of September, 1978 at 2.28 p.m. at police station Nakur, District Saharanpur on the information given by Smt. Moodi to the effect that her husband, Shafi, who used to conceal himself here and there for fear of being apprehended by the police (he was a notorious dacoit) was assaulted at about 12 noon by the above named four persons, resident of village Chirao, with Gandasa. Bhujauli and Lathi in a field of that village and when Smt. Moodi rushed to the scene of occurrence and made an attempt to save her husband, she was also assaulted with Bhujauli as a consequence whereof she suffered injury in her left hand finger, whereas her husband succumbed to the injuries sustained by him then and there.