STATE OF U P Vs. CHAND KHAN

JUDGEMENT

(1.) THIS government appeal is against the judgment and order of Sri Ruri Mal, I Additional Sessions Judge, Rampur, dated 31 - 5-78 acquitting all the respondents Chand Khan, Sharif Khan, Shabbir Khan, Shabbu, Salim Khan, Mahboob Khan, Sajian, Bulley Khan and Ishtiaq Ali of the charges under sections 452, 302, read with sections 149, 325 read with sections 149, 324, read with section 149 and 323 read with section 149 of the Indian Penal Code, Shabbu under Sections 302 and 148 IPC, Bulley Khan, Sharif Khan, Shabbir Khan and Salim Khan under section 147 IPC and Chand Khan, Sajjan Khan, Mahboob Khan and Ishtiaq Ali under section 148 IPC.

(2.) IT has not been assailed that the deceased Shah Alam, bis cousin Fahim PW-6 and also the respondent Chand Khan were engaged in Kar- chobi business. Aslam PW-7 aged about 7 to 8 years had earlier been working for Chand Khan. He, however, left his service and joined the set up of Fahim Khan - On 26-5-77 Chand Khan, Shabbu Khan and Ishtiaq Khan went to the workshop of Fahim Khan and insisted on taking back Aslam to work for Cband Khan. When Fahim prevented them from doing so, he was assaulted. Fahim lodged a report, about the matter at the police station concerned.

(3.) DR. S. P. Pandey. PW-3 who stated to have examined Naeema Parveen, Irshad Khan, Laber Khan, Raees Begum and Qaiser Khan, proved his medical reports about them. They are as follows :- 1. Medical report of Naeema Parveen examined at 11 P. M. on 26-3-77 marked Ex. Ka. 2. 1. Incised wound 5 cm x 1/2 cm x muscle deep on the left cheek below the left eye. 2. Incised wound 1/2 cm. x 1/4 cm. x muscle deep on the left cheek starting from near the middle of injury no. 1 and downwards and backwards. Both the injuries were fresh and had been caused by sharp edged weapon and had been kept under observation. 2. Medical report of Baber Khan examined at 12.10 A.M. on 27-5-77 marked Ex. Ka. 3. 1. Abraded contusion 4 cm. x 1 cm on the outer aspect of the right forearm, lower part. The duration fresh. Advised X-ray. The injuries caused by blunt object kept under observation. 3. Medical report of Raees Begum examined at 12.20 A.M. on 27-5-77 marked Ex. Ka. 4. 1. Abraded contusion 7 cm, x 5 cm. on the front of left thigh, 10 cm. above the left knee joint. 2. Complained of pain in the chest. But no external mark of injury seen. Injury caused by blunt object was fresh and simple in nature. 4. Medical report of Kaisar Khan examined at 12.40 A.M. on 27-5-77. 1. Contusion 2 cm. x 1 cm. on the front of the left ring finger, duration fresh. Injuries caused by blunt object, advised X-ray. 5. Medical report of Irshad Khan examined on 27-5-77 at 12 A. M. 1. Abraded contusion 1 cm. x 1 cm. on the back of the right forearm, 9 cm., above the wrist joint, duration fresh injury simple caused by blunt object.