AJADAR HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and conviction dated 26.2.2004 passed by the Additional District and Sessions Judge/F.T.C. Second, Sultanpur in Sessions Trial No.18/1998 under Section 323 for a period of six months' RI with fine of Rs.500/ - to each and in default of payment of fine, additional fifteen days imprisonment and under Section 324 IPC for a period of two years' RI with fine of Rs.1000/ - to each and in default of payment of fine, additional one month imprisonment.

(2.) THE prosecution case, as disclosed in the FIR, is that the complainant happens to be the owner of a general store at Dariyapur road. He gave one shop to Ajadar Husain, appellant no.1, on rent. On 4.5.1993, the complainant's father was sitting in front of his shop, when Ajadar Husain and his son Azhar Husain, who are resident of Amhat and their servant Sumer came to the shop of the complainant at about 12:00 pm and started discussing about the rent of the shop with the father of the complainant. The father of the complainant denied any favour to the accused, whereupon Ajadar Husain, who was holding farsa in his hand and his son Azhar and servant, who were holding iron rod and lathi in their hands, started assaulting father of the complainant on his head and the injured received various injuries on his head. At the time of incident, Mahesh Chandra and Shiv Prasad Verma intervened, thereupon the accused persons after giving filthy abuses, went away. The complainant got her father admitted in District Hospital and thereafter lodged the report. On his report, FIR was lodged.

(3.) THE case was investigated by the police and thereafter charge sheet was filed. The case was conducted in the Court of Session and thereafter trial proceeded. Before the trial court, the prosecution presented PW -1 Anand Kumar, PW -2 Mahesh Chandra, PW -3 Vijay Bahadur, PW -4 Shiv Prasad Verma and PW -5 R.R. Misra to prove the charge. Injured Prakash Chandra died during the pendency of appeal, as such, he could not be produced as witness to prove the charge. PW -1 -complainant appeared and he gave specific statement that Ajadar Husain was holding farsa in his hand, his son Azhar was holding iron rod and his servant Sumer was holding lathi in their hands. They attacked upon his father, who received multiple injuries on his head and body. After his father was attacked, he raised alarm, whereupon Shiv Prasad Verma and Mahesh Chandra Chaurasia reached the spot. The complainant and his father were sitting there without any arm at the time of incident. He tried to save his father, but could not save him. He also stated that by the time he could come out from his shop, the accused persons ran away. His statement goes to indicate that accused persons caused injuries to the injured. Seven injuries were received by the injured. Injury no.1 was 10 c.m. skull deep above the right ear. Injury no.2 was lacerated wound 3 c.m. X 1 c.m. skull deep on the right side of head. Apart from this, five injuries were found on non vital parts of the body, though no fracture was found on the head. The trial court found that looking to the nature of injuries, they were not sufficient to cause death.