FATTA Vs. STATE

JUDGEMENT

(1.) APPELLANTS, Fatta, Janga (real 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.

(2.) 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.

(3.) THE crime was registered and after usual investigation the said four persons were charge-sheeted as a consequence whereof they were tried for offence punishable under Sections 304, 325 and 323 of the Indian Penal Code, each read with Section 34 thereof for in furtherance of common intention, fatally wounding Shafi, causing grevious and simple hurt to Smt. Moodi on the said date, time and place.