KARIM ULLAH Vs. PHOOL CHAND

JUDGEMENT

(1.) THE accused Phool Chand was convicted by the first class Magistrate. Bulandshahr under Section 325 I P. C. by his judgment dated August 27. 1968. The Magistrate directed him to be released on probation of good conduct for a period of one year subject to his furnishing a personal bond of Rs. 500/-with two sureties of like amount. The accused filed an appeal which was allowed by the Civil and Sessions Judge Bulandshahr by his judgment dated 4th September. 1968. The Sessions Judge gave the accused the benefit of doubt and acquitted him of the charge under Section 325 I. P. C. Karim Ullah has filed the present appeal against the acquittal of the accused under Section 417 Cr. P. C.

(2.) THE prosecution case is that on 20th June, 1967 at about 8-45 A. M. Karirn Ullah and Nawab Ali were working as carpenters in the yard of the Railway Station Dadri. It is said that Phool Chand and his Munib Bassi reached there and asked Karim Ullah to cut the logs of the wood belonging to the accused. Karim Ullah is said to have told Phool Chand that he would only cut the loss of wood belonging to him after finishing the work which he had in hand. At this Phool Chand seems to have lost his temper and attacked Karim Ullah with a piece of wood. Nawab Ali attempted to save Karim Ullah but he was intercepted by Bassi. The witnesses subsequently reached the spot and Karim Ullah was saved. Nawab Ali took Karim Ullah to Police Station Dadri and lodged a report there at 9-15 A. M. Thereafter the injuries of Karim Ullah were examined at Dadri Hospital at 9-30 A. M. The injury report disclosed that he had in all four injuries including a fracture of the right parietal bone of the skull. After being discharged from the Hospital Karim Ullah filed a complaint under Section 307 I. P. C. on 28th June. 1967 against Phool Chand and Bassi.

(3.) THE accused pleaded not equity. Their defence was that they never beat Karim Ullah and that they have been falsely implicated in the case at the instance of Lala Chiranii Lal.