HAKIM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned amicus curiae, Sri Sukhbir Singh, for the sole surviving accused-Aziz.

(2.) This appeal challenges the judgment and order dtd. 14/2/1991 passed by Ist Additional Sessions Judge Meerut, in Sessions Trial No. 488 of 1988 whereby the learned Additional Sessions Judge has convicted accused-appellant under Sec. 302 read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life and for offence under Sec. -323 IPC, rigorous imprisonment for one year. Both the sentences were directed to run concurrently.

(3.) The brief facts of the prosecution story are that on 30/9/1987 at about 8 pm, children of complainant Meharban and accused Munna had a quarrel. After some time Munna and his two sons Hakeem and Aziz reached to the house of the complainant and they were told by complainant and his father Alla Mehar to keep their children under control. Upon this, Munna and his sons threatened consequences of children's quarrel. All the accused with intention to commit murder started beating complainant and his father Alla Mehar with Lathi and Ballam. Hakeem was armed with spear while other accused were armed with Lathi. Alla Mehar got a blow of spear. He was taken to Police Station. It was also alleged that occurrence was seen by Iqbal and Mohd. Haneef. A written report was lodged at Police Station-Sardhana. Case was registered against all the accused persons. The investigation culminated into lodging of charge-sheet was submitted against the 3 accused. The case was committed to the court of Sessions.