BHOPA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by appellants Bhopa and Kalloo against the ORDER and order dated 31.1.1979, passed by Sri. H.C. Shukla, the then Vth Additional Sessions Judge, Hamirpur, in Session Trial No. 126 of 1978, whereby he has convicted both the appellants - under section 307/34, I.P.C. and sentenced them to three years rigorous imprisonment, each.

(2.) The prosecution case, in brief, is that one Hakimuddin is resident of Qasba Maudaha. There was a dispute over a Piece of land between Habibulla and Shirajuddin on one hand and Nagar Palika Maudaha ob the other. Habibulla and Shirajuddin wanted that the tap water of Hakimuddin, the injured of this case may not flow in the public drain. Owing to that issue there was a quarrel between Habibulla and Shirajuddin on one side and Hakimuddin on the other 2 or 3 days prior to the present incident in which Habibulla and Shirajuddin had threatened Hakimuddin to stop the flow of his water tap to that public drain. However, that quarrel was settled by the intervention of one Mohammad Husain. Due to that enmity on 30.4.1977 at about 8.30 p.m. when Hakimuddin was returning from Khalihan to his house the saw Kalloo, Habibulla, Shirajuddin and Bhopa near the Tal of Ramjan. Habibulla and Shirajuddin told that Hakimuddin was coming. At that time Kalloo asked Hakimuddin to stop. When Hakimuddin turned back, Bhopa arid Kalloo gave him blows with Pharsa and lathi, respectively. On his hue and cry his son Naimuddin, who was present in his Khalihan, rushed to the place of incident and witnesses Chhiddoo, Baboo, Saleem and Buddhe also arrived there on hearing the noise. Naimuddin found his father Hakimuddin in an injured condition and saw Bhopa armed with a Pharsa and Kalloo with a lathi, running away from the scene of occurrence towards south while running away, Habibulla and Shirajuddin were also following them. The informant got his father admitted in HosPital and then lodged an F.I.R. of the incident at police station Mamdaha, district Hamirpur, at 9.45 p.m. on 23.4. 1977. The investigation of the case was entrusted to Sub Inspector Mohammad Tunus, who started the investigation on 26.4.1977. He recorded statements of the witnesses, inspected the place of occurrence, prepared the site plan and interrogated the accused persons. After completing the investigation, he submitted charge sheet against the accused-appellants.

(3.) The accused pleaded not guilty to the charge and claimed to be tried.