LAWS(ALL)-2002-2-41

SURYA NATH Vs. IMAM ALI

Decided On February 01, 2002
SURYA NATH Appellant
V/S
IMAM ALI Respondents

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 12-4-1984 passed by 4th Additional District and Sessions Judge, Basti in Criminal Revision No.298 of 1981 allowing the revision filed by the opposite party No.1, setting aside the judgment and order of acquittal dated 14-10-1981 passed by Judicial Magistrate and sending back the case to the learned Magistrate for retrial of the applicants after framing proper charge.

(2.) The opposite party No.1 Imam Ali lodged a report on 7-3-1974 at 5.45 P.M. at P.S. Rudhauli, district Basti with the allegations that wife of applicant Asgar Ali was carrying illicit pregnancy and the above pregnancy was being attributed to him. In order to prove his innocence he had collected a Panchayat on 7-3-1974 at 2.00 P.M. at village Painda. Persons of the village had assembled. The applicant Yasin father of Asgar Ali was also informed about the said Panchayat. After some time Yasin came to the place of panchayat and told that he would collect panches of his own choice and would be coming after some time. After some time Yasin came there along with other applicants who were armed with Lathis and Pharsa. The applicants started causing injuries to Safi Mohammad, Mohammad Ali, Siddiq and Tahedil. Mustafa and Imam Ali sustained grievous injuries and the other injured sustained simple injuries.

(3.) On the above report of the opposite party No. 1 chik F.I.R. was prepared at the police station. Injured persons were medically examined on the same night between 10.30 P.M. and 11.10 P.M. X-ray examination of Imal Ali was also done on 10-3-1974. After investigation the police submitted charge sheet against the applicants under Section 147, 148, 149, 323, 324 and 325 I.P.C.