REGENT COMPUTRONICS PVT. LTD.

CHHOTEY Appellant

V/S

STATE OF U P Respondents

Referred Judgements :-

JUDGEMENT

(1.) This appeal arises out of a conviction of the appellants herein by the XIIth Additional Sessions Judge, Agra in Session Trial No 99 of 1980, sentencing them to 5 years R.I. only vide judgment dated 22.11.1982. The two appellants before this Court alongwith one Chand Munna and Jainuddin were charged for having committed an offence punishable under Section 307 I.P.C., and further, the two other accused named above were additionally charged under Section 34 IPC for having assaulted one Waliuddin and Sharfuddin at about 6 pm., on 12th of May, 1977 at the place of incidence as described in the first information report falling within the circle of Police Station, Firozabad North. They were tried by the learned 10th Additional District & Sessions Judge, Agra and were convicted for having committed an offence punishable under Section 307 IPC only and were sentenced to five years rigorous imprisonment. The other two co-accused Chand Munna and Jainuddin were acquitted.

(2.) At the outset it may be noted that one of the injured Waliuddin died before the trial actually commenced with the recording of the statement of the witnesses which began after almost five years of the incident, and therefore the only injured witness who was examined by the prosecution is Sharfuddin. The first informant Riazuddin and the two victims Waliuddin and Sharfuddin are real brothers.

(3.) The incident as described in the first information report that was lodged on the same day at about 8.50 pm, narrates that both the injured alongwith one Ramji Lal were returning back from the hospital seated on one rickshaw where they had gone to see the wife of the first informant Riazuddin. As they reached in front of the shop of Usha Sewing Machine on Ghantaghar- Church Road, the accused forcefully stopped their Rickshaw and forced them to alight, and then the appellant No. 1 - Chhotey alias Shamsuddin allegedly assaulted the injured Sharfuddin with a knife causing an injury on his head. The second appellant Salim with a Razor is said to have assaulted Waliuddin causing an injury on his neck. The role assigned in the F.I.R. to the two acquitted was that they caught hold of Sharfuddin after the appellants had assaulted. On a hue and cry being raised by one of the witnesses Mohd. Hanif and some others, who had gathered at the scene of occurrence, the assailants escaped towards the lane besides an adjacent Cinema Hall.

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CHHOTEY Vs. STATE OF U P

Referred Judgements :-

JUDGEMENT

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