MUKHTAR Vs. STATE OF U P

JUDGEMENT

(1.) Appellants Mukhtar and Suleman have preferred criminal appeal No. 8066 of 1979, while appellants Rafiq and Mustaqeen have filed criminal appeal No. 2136 of 1979, against the judgment and order dated 27.6.1979, passed by Sri K.P. Sharma, the then I Additional Sessions Judge, Moradabad, whereby all of them have been convicted under Section 324/34 I.P.C. and each of them has been sentenced to 18 monthsT rigorous imprisonment in Sessions Trial No. 536 of 1978.

(2.) The prosecution case, in brief, is that on: 12.5.1978 the marriage of Irfan, son of Anwar Ali I informant, was solemnized and in connection with that marriage a dance programme of the prostitutes was arranged at the house of Hamid Khan. That programme started at about 11.00 p.m. in the night between 18th and 19th of May, 1976. At about 11.45 p.m. of that night the aforesaid accused-appellants are said to have reached there. They showed bundle of currency notes to the prositutes, who sat down near the appellants. The appellants started teasing those prostitures which was not relished by Afsar Ali and Liaqat Ali and consequently they protested and asked the appellants not to behave in that fashion as the ladies were also sitting and enjoying that dancing programme. Thereupon all the four appellants took out their knives and assaulted both of them. This incident was witnessed by Shiraft Hussain and Atiq including other persons who had already assembled to see the dance. The visitors are said to have scolded the accused persons, who thereafter left the place of occurrence:

(3.) Anwar All, the informant, lodged an F.I.R. of this incident at police station Hoghalpura, district Moradabad at 12.25 A.M. in the same night and a case was registered against all the appellants under Section 307 I.P.C.,