ALI SHER Vs. STATE OF U. P.

JUDGEMENT

(1.) The present Criminal Revision is moved by revisionist u/s 397, 401 CrPC against the judgment and order dtd. 11/6/2009 passed by Additional Sessions Judge Barabanki in Criminal Appeal No.5 of 2007 (Ali Sher and others vs State of U.P.) u/s 326 IPC in Case Crime No.89 of 1998, P.S.- Deeh, District- Raebareli upholding the conviction of Sec. 326 IPC for 3 years and fine of Rs.1000.00 each and in default of payment of fine, imprisonment for one month passed by the learned First Judicial Magistrate, Court No.17, Raebareli on 17/4/2007 in Case Crime No.1820 of 2006 (State vs Sher Ali and Others).

(2.) Wrapping the facts in brief, the victim was married to the revisionist Ali Sher son of Mohammad Zama 14 months ago. Ali Sher was jobless and was doing nothing for rearing his family, therefore, the victim complained his husband and father-in-law that she could not live with Ali Sher in such circumstances and expressed her desire to divorce her husband and remarry another person. When she expressed such desire, her husband and father-in-law came in the courtyard in the night where she was sleeping. Her father-in-law ride on her stomach and her husband amputated her nose. When she made hue and cry, her brother-in-law Mohd. Abbas came to the scene and saw the incident.

(3.) On the basis of written report, the case was registered on 26/7/1998 as Case Crime No.89 of 1998 u/s 326 IPC and was investigated by Investigating Officer to record the statements of witnesses. He investigated the spot and prepared site plan and produced the victim/injured before the Medical Officer and got her medically examined. Thereafter, he submitted charge-sheet u/s 326 IPC.