ZEENAT Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of Second Addl. Sessions Judge, Rampur, convicting appellant Zeenat and holding him guilty under Sec. 452 and 307, I.P.C. and directing him to suffer a sentence of five years under Sec. 307, I.P.C. and two years' R.I. under Sec. 452, I.P.C. The co-accused Hurmat, Hikmat and Balam were acquitted of the charges under the aforesaid sections, Aggrieved by this order, Zeenat has filed Criminal Appeal No. 359 of 1979. The State Government has also filed an appeal against the order of acquittal. Since both the appeals are arising from the same judgment and order, they are being disposed of by this judgment.

(2.) Qamaruddin (P.W. 1) had lodged a report at police station Gunj, district Rampur at 9.25 a.m. on 16.10.1977 in respect of an occurrence which took place same day at 7.30. a.m. in Mohalla Gujar Tola within the aforesaid police-station. it was alleged by the reporter that his cousin, is married with Zeenat appellant. During noon on 15.10.1977 Zeenat had abused the children who were flying kite on the roof of the houses. The house of Qmaruddin and Zeenat are adjacent. Zia Uddin, the elder brother of Qamaruddin, had asked Zeenat not to abuse as he is son-in-law of the family. There upon, Zeenat, had threatened that he will take revenge. At about 7.30 a.m., on the date of occurrence, Qamaruddin was sitting at his shop. Appellant Zeenat called his brothers Himmat, Balam and Hurmat from Mohalla Kotwalan. All these four persons entered the house of Qamaruddin Zeenat was armed with a knife. Hikmat, Balam and Hurmat had ballam, tabal and lathi respectively in their hands. These four persons started assaulting Zia Uddin with their weapons. On hearing alarm, the reporter Ikram Khan, Babbu and Zamen Khan came to the spot and intervened. Thereafter the accused ran away seating wall lying in between two houses. When the witnesses tried to have the victims, the assailants attempted blows, on the reporter, but the somehow saved himself; During the marpit Smt. Tara Begam and Smt. Shamshad ladies of the house received injuries.

(3.) After the occurrence, three injured were taken to the District Hospital and thereafter the reporter went to the police station and dictated his report to the head Moharir of the police station Gunj.