HANEEF Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal No. 3015 of 1981 under Section 374 Cr.P.C. has been filed by accused -appellants No.1 Haneef and No.2 Ajim sons of Mansab, appellant No.3 Idrish and No.4 Yunus sons of Haneef. All residents of village Dhanaura, Buzrug, Police Station - Dhebarua, District - Basti against impugned judgment and order dated 16.12.1981 delivered by learned VI Additional Sessions Judge, Basti in S.T. No. 37 of 1980 whereby he has convicted appellants Idrish and Yunus under Section 323/34 I.P.C. and sentenced them to undergo rigorous imprisonment for one year and all the four appellants have been convicted under Section 307/34 I.P.C. and sentenced to undergo rigorous imprisonment for five years.

(2.) THE impugned judgment and order dated 16.12.1981 has been challenged on the ground that it is against the law and facts of the case and at any rate the sentence awarded to the appellants is too severe.

(3.) IN nutshell, the prosecution story in brief is that parties are pattidars inter -se. First informant Mehadi Hasan lodged First Information Report with Police Station Dhebarua, District - Basti against all the four appellants with an accusation that on account of enmity on the point of boundaries of their field, all the four appellants armed with Farsa, Ballam and Lathi caused injuries to his brother Abdul Jaleel. His father Ghurhoo went for his rescue. He was also inflicted injuries with lathi by appellants Idrish and Yunus. Both the injured were medically examined. The doctor found 28 injuries on the person of injured Abdul Jaleel whereas 8 injuries were found on the person of Ghurhoo. The doctor opined that the injured persons sustained injuries caused by Farsa, Ballam and Lathi but all the injuries were simple in nature. After completing investigation, I.O. submitted chargesheet against all the four accused.