STATE OF UTTAR PRADESH Vs. RAJA

JUDGEMENT

(1.) The appeal has been filed against the judgment dated 27-1-2001 passed by VII Additional Sessions Judge, Budaun, by which, he acquitted the accused Raja, Kallu and Jahim under Section 302 read with Section 34, I.P.C.

(2.) Prosecution case, in brief, is that, about two years back at the time of construction of house of Nasrin, daughter of the complainant, some altercation took place with Mohd. Qasim of the Mohalla. In connection with the said house, a civil suit was pending between Sadiq, the son-in-law of the complainant, and the said Qasim. As the complainant and his family members used to do pairvi in the civil case of his son-in-law, Qasim and his sons were having grudge with the family members of the complainant, and they used to threat to kill them. On 1-6-1999, while complainant Yakub and his son Jakir alias Chhotey were coming from the market and were going to their house, in the way near the JHANDEWALI MASZID at about 10 a.m., the accused persons began to abuse Jakir, the son of the complainant Rashid and Abdul Rahim, who were present there, tried to dissuade them, but the accused began to beat Jakir. On opposition, Raja on the instigation of Kallu and Jahim fired on Jakir, due to which, he received serious injuries. The accused left the place of occurrence and extended threats that, if any body objected or lodged the report or gave evidence, he would have to suffer the same consequences. The complainant sent Jakir to the hospital and lodged the report.

(3.) Case was registered on 1-6-1999 at 11.10 a.m. against Raja Jahim and Kallu under Sections 307, 323 and 504, I.P.C.