AZAM @ CHHANGE Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 26.03.1987 passed by the Sessions Judge, Rampur in Criminal Appeal No. 4 of 1987 against the judgment and order dated 17.01.1987 passed by the Chief Judicial Magistrate, Rampur in Criminal Case No. 493 of 1985 convicting and sentencing the revisionist under section 324 IPC to one year's rigorous imprisonment.

(2.) BRIEF facts of the case are that Intezar and Farooq Khan on 27.01.1985 at about 11.00 p.m. were returning to their house on the cycle in Rampur. As soon as they reached in front of the hotel near Nagar Palika Office, the revisionist Azam appeared there, he bore ill -will against Intezar from prior to the incident. He tried to stop Intezar, who did not pay any heed. Thereupon, the revisionist over near Intezar and inflicted him sword blow due to which he sustained injuries. He raised alarm, by which Khalil Khan, Tahir and others came and accused fled away. Thereafter report was lodged by the complainant. After investigation the Investigating Officer was submitted the charge sheet against the revisionist.

(3.) CHARGES were levelled against the accused -revisionist, who pleaded not guilty and claimed to be tried.