SYED ALI AND ANR. Vs. STATE

JUDGEMENT

(1.) Syed Ali and Ali Ahmad were convicted by the Munsif Magistrate, First Class Ghazipur for an offence Under Sec. 428, of the IPC and sentenced to a fine of Rs. 50/ - each. In default, they were to undergo simple imprisonment for a term of fifteen days.

(2.) The accused above named and the complainant Iqbal Ahmad are residents of village Jangipur, P.S. Kotwali, Ghazipur. Relations between the two were strained due to previous litigations. It is the case for the prosecution that on 26th September, 1970 a leg -born specie hen belonging to the complainant happened to go to the door of the accused. On the instigation of Ali Ahmad accused Syed Ali gave a blow on the neck of the hen by a stick. The hen died instantaneously. When Iqbal Ahmad raised a protest the accused hurled abuses at him and threatened him with dire consequences. On the aforesaid allegations a first information report was lodged at the police station the same day at 7 p.m. A case was registered. The hen was sent for medical examination. According to the post mortem report taken by Dr. Sri Harish Chandra Upadhya death of the hen had been caused due to the puncture of trachea which was the result of injuries caused in the neck of the bird, by means of a stick.

(3.) The accused pleaded not guilty and denied having committed the offence. After taking evidence, the Magistrate acquitted the accused for an offence Under Sec. 506, IPC but convicted him Under Sec. 428 IPG and awarded the sentence mentioned above.