MUMTAZIM Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal under Sec. 374 (2) Cr.P.C has been preferred by the convicted appellants Muntazim, Mustaqim, Rhimuddin and Idris against the judgment and order dtd. 19/9/1984 passed by Shri H.L. Kurel III-Additional Sessions Judge, Barabanki in Sessions Trial No. 241 of 1982 convicting and sentencing the appellants under Sec. 147 IPC to undergo one year rigorous imprisonment, and to further undergo 1½ years rigorous imprisonment under Sec. 148 IPC and to undergo life imprisonment under Sec. 302 IPC read with sec. 149 IPC.

(2.) Wrapping the facts in brief the deceased Haji Majid Ashraf Khan owned a house in Village Sipahiya, Police Station Mawai District Barabanki. He had raised his house on his own land adjoining to his house. The accused Idris claimed that adjoining land. There was unfriendly atmosphere between the two families A case was registered against the accused but he was acquitted of that offence. On account of this enmity, accused Idris had beaten Haji Ashraf Khan at Madhwa Nala.

(3.) Parnala of complainant's house falls in Kolia between the house of the complainant and the accused Muntazim. The accused person had taken out parnala, raised a wall in the said kolia and prevented thereby flow of water of parnala. When the father of the complainant abstained the accused appellants from doing so, the accused started abusing and threatening his father. Complainant went to register a report in this regard to the police station concerned but the accused restrained their way and kept a watch standing in the ambush on their way. Therefore they could not lodged the FIR immediately.