ALI MOHAMMAD Vs. ALIM AND OTHERS

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 15.11.1988 passed by Sri Raman Prakash, II Additional Sessions Judge, Aligarh thereby acquitting the respondent Nos. 1 to 7 of the charge under Sec. 395 Indian Penal Code.

(2.) The prosecution case is that on 7.2.1986 Ali Mohammad accompanied with his brother Noor Mohammad and his uncle Yamin reached his field at about 6.30 a.m. They found the accused person tying bundles of the dried fodder and at that time all of them, except Imamuddin, were armed with lathies, Immauddin was armed with a knife. When Alim Mohammad and his companions protested, the accused persons belaboured them and took away the bundles of fodder. Mohd. Hanif and Irman are alleged to have seen the occurrence.

(3.) The accused were challenged, charged and tried under Sec. 395 Indian Penal Code.