BASHIR Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 02.08.1989 passed by the learned Ist Additional Sessions Judge, Muzaffar Nagar in Criminal Appeal No. 11 of 1986 partly allowing the appeal and holding the accused Yamin not guilty under sections 324 and 504 IPC and other accused persons under sections 324 read with section 34 IPC and 504 IPC, and modifying the sentence ordering the accused to pay Rs. 500/ - each under section 323 IPC with default clause. Holding accused persons guilty under section 452 IPC sentencing them to pay a fine of Rs. 1000/ - and imprisonment till rising of the court and holding the accused guilty of section 506 IPC imposing a fine of Rs. 500/ - with defaulting clause. A sum of Rs. 200/ - was directed to be paid to each of the injured from the fine realized.

(2.) BRIEF facts of the case are that one Ghafur filed a complaint against the accused Bashir, Yusuf, Mohd. Umar and Yamin, the present revisionists under sections 323, 324, 325, 452, 504, 506 IPC with the allegation that the accused were inimical to the opposite party No. 2 and his family members and they wanted to illegally evict the opposite party No. 2 from his house for which opposite party No. 2 had filed a civil suit against the revisionists in the civil court for injunction, in which the opposite party No. 2 had obtained injunction against the present revisionists. On 19.11.1984 the opposite party No. 2 and his son Saeed had gone to court in proceeding under section 107/116 Cr.P.C. and after attending the proceedings of the court, Saeed came back to his house. Then at about 2.00 p.m. When the opposite party No. 2 reached his house, he saw that the revisionists Bashir, Yusuf, Yamin and Mohd Umar came to his house. The accused Yamin was armed with a knife and the other persons were armed with lathis and dandas and they were assaulting Saeed, the son of opposite party No. 2, Noor Jahan, daughter -in -law and Sharifan, wife of opposite party No.2. The opposite party No. 2 tried to save his family, but he was also assaulted by the revisionists. On raising alarm witnesses Gopi, Raghubir Singh and Kishan Pal come to the spot and witnessed the occurrence. The revisionists ran away from the house of the opposite party No.2, but threatened the opposite party No.2 with dire consequences. After this, opposite party No. 2 went to the police station but the police arrested his son and his wife and daughter -in -law under section 107/116 Cr.P.C. and his report was not lodged correctly. The police deliberately did not mention knife in the hand of Yamin. When the opposite party No. 2 was released by the police, he got the injuries of his son, his wife and his daughter -in -law examined. Since the injury of his wife was grievous, her bone was found fractured. The opposite party No. 2 sent an application to the S.P., Muzaffar Nagar to get his case registered against the accused persons under section 325 IPC, but when the police did not take any action, he filed a complaint before the court.

(3.) THE opposite party No. 2 examined himself as PW -1, Kishan Pal as PW -2, Dr. Prem Prakash as PW -3, Constable Mohar Singh as PW -4 and Saeed as PW -5. The learned lower court after perusal of the record convicted the accused -revisionists Bashir, Yusuf, Mohd Umar and Yamin, under section 452 IPC for one year rigorous imprisonment each of the accused under sections 323, 324 IPC for six months' rigorous imprisonment, under section 325 IPC, Yamin, Mohd Umar, Bashir and Yusuf were convicted and sentenced for one year each rigorous imprisonment and a fine of Rs. 500/ - with default clause and Yamin was convicted under section 324 IPC and Bashir, Yusuf and Mohd Umar under section 324/34 IPC for one year rigorous imprisonment each. Further all the accused were convicted under section 504 IPC for three months each rigorous imprisonment and six months' rigorous imprisonment each under section 506 IPC. The revisionists feeling aggrieved filed Criminal Appeal No. 11 of 1986, which was partly allowed on 02.08.1989.