AABUL Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been preferred against the judgment and order dated 18.01.2008, passed by Additional Sessions Judge/Fast Track Court -10, District Pratapgarh, in Sessions Trial No.60 of 1999, whereby the appellants -Aabul and Smt. Khaliful Nishan were convicted for the offences under Section 307/34 IPC and were sentenced to undergo rigorous imprisonment for a period of 5 years and also with fine of Rs.3000/ - each, with default stipulation of three months additional imprisonment and for the offence under Section 324/34 IPC they were sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs.1000/ - each, with default payment of one month's simple imprisonment. Both the sentences were directed to run concurrently. In this case, charge under Section 323/34 IPC was not framed while there was specific allegation of causing simple injuries with lathi and danda.

(2.) IN brief, the facts necessary for the disposal of the present appeal are that the complainant Habibullah and accused Munshi Raja (since deceased) were real brothers. The present appellant is son of Munshi Raja and appellant Smt. Khaliful Nishan is the wife of Munshi Raja. The allegation made in the FIR was that on 06.06.1995 at about 7.00 p.m. the complainant Habibullah went to cut his tree with prior permission of the District Magistrate. Accused persons, Munshi Raja, Aabul and Khaliful Nishan, due to the enmity of the same tree, started abusing him and started beating him with lathi, danda and axe. Hearing the noise of the complainant, his wife Jumratul and his daughter Zubaida reached there and then they were also beaten. This incident is alleged to have been witnessed by Ram Janam and Nasib. Thereafter the accused persons went away, extending threats of dire consequences.

(3.) COMPLAINANT Habibullah got the FIR scribed by one Pramod Kumar son of Aakul and it was lodged at Police Station Raniganj, District Pratapgarh. On the basis of this FIR, case crime No.140 of 1995 was registered at 8.10 p.m. As per the chik report, the distance from the police station to the place of occurrence was 1 km. The injured Habibullah was referred for his medical examination. The Investigating Officer inspected the place of occurrence and after concluding the investigation charge -sheet was filed against all the three named accused persons. Because of death of the accused Munshi Raja, during trial, the case against him was abated. Injured Habibullah was medically examined at Primary Health Center (PHC), Raniganj, Pratapgarh at 9.00 p.m. on the same day and following injuries were found on his person: -