BABU KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by Babu Khan, Mohd. Bux, Mohd. Umar, Imam Bux, Pir Bux and Rustam against their conviction under sections 147 and 320, I.P.C. read with section 149, I.P.C. and the sentence of one years R.I. each on the two counts respectively directing the sentences to run concurrently and in addition a fine of Rs.100/- under section 323, I.P.C. as passed by the First Additional Sessions Judge, Rampur, on 1.6.1979.

(2.) The prosecution case is that one Raees received injury in an incident which happened on 8.9.1977. It is said that one Nanua and his brothers Raees, Abrar and father Shahabuddin had gone to the mosque for Friday prayer. Deceased Bhoora had also gone there. Nanua complained to Bhoora that the latters son had assaulted the former's brother Raees. After offering prayer (Namaaz) when Nanua and others came out of the mosque and proceeded towards the Chaupal in front of the house of Bhoora all the appellant along with Bhoora and Buddha accused, who died during the pendency of the case, came there. Mohd. Bux was armed with spear and others were having lathis. They started assaulting all the three brothers Nanua, Raees and Abrar and their father Shahabuddin. During the course of the marpit Bhoora caught hold at Abrar by the waist and Mohd. Bux aimed his spear of Abrar but the spear instead of hitting Abrar struck Bhoora. After receiving injury, Bhoora ran towards the mosque pursued by Mohd. Bux Nanua who got a lathi which he weilded in self-defense. All the three brothers and father received injury in the incident. However, Bhoora fell down as a result of spear injury. All the four injured went to police station around 4 P.M. and while they were there Mohd. Bux also reached there at 5 P.M. The four injured were put into lock-up. Nanua was made to make a report by getting his thumb impression on a paper which was read out to him. Nanua, Shahabuddin and Abrar were sent to Suar Hospital for medical examination. Shahabuddin was examined at 9 P.M. and had 7 injuries all contusions and lacerated wounds. Nanua was examined at 9.30 P.M. and had 13 injuries all contusions and lacerated wounds. Abrar Hussain was medically examined at 1.10 P.M. and had one lacerated wound and two contusions. Raees was medically examined on 10.9.1977 and was found to have 10 injuries all contusions and abrasions. According to the statement of the Investigating Officer P.W. 8 Chandrapal Pathak, he had recorded the statement of Alia Bux, Ali Hussin, Rustam, Nanua and Raees on 10.9.1977 and prepared the F.I.R. (Ex. Ka-4) lodged by Nanua at P.S. Suar at 10.30 P.M.

(3.) The appellants pleaded not guilty to the charges framed against the appellants Babu Khan, Mohd. Bux and Imam Bux admitted participation in the incident but stated that it was Bhoora, deceased, who complained to Shahabuddin about Raees assaulting Rustam and they also denied the place of occurrence and said that Abrar, Shahabuddin, Raees and Nanua started attacking with spear and lathis at Bhoora. Nanua, Imam Bux and Mohd. Bux and Abrar were armed with spear and the lath is were plied by them in self defense.