LAWS(ALL)-2015-2-171

TAUFEEQ @ BHAGGAL Vs. STATE OF U P

Decided On February 03, 2015
Taufeeq @ Bhaggal Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by appellants namely Taufeeq alias Bhaggal son of Riyasat, Arman alias Bhundi son of Riyasat and Riyasat son of Muntaz against the judgment and order dated 8.4.2004 passed by learned Additional Sessions Judge, court no. 1, Sultanpur in Sessions Trial No. 168 of 2000 convicting and sentencing the appellants under Section 324/34 I.P.C. for a period of two years' R.I. and fine of rupees five thousand each and in default of payment of fine each appellant to undergo additional sentence of six months' imprisonment and under Section 323/34 I.P.C. for a period of six months' R.I. and fine of rupees five hundred each and in default of payment fine each appellant to undergo additional sentence of one month.

(2.) BRIEFLY stated, the facts of the prosecution case is that the complainant Asgari got married ten years back to accused Taufiq. About one year back, the accused Taufiq got angered and after beating complainant sent her to parents' house. On the date of occurrence, accused Taufiq had returned back from home after about a month, he did not go to complainant's house to bring her back. The complainant and her mother Sazida Begum came to appellant's house where she complained that why he did not turn up to bring her back; accused Taufiq abused them and asked to go back. The complainant and her mother while returning back to her house, at about 3.00 p.m. when they reached village Rasoolpr, accused Taufiq, Arman and Riyasat reached at the spot and abused complainant and her mother and while threatening them to kill, started beating with kicks and fists. On instigation of accused Taufiq, his elder brother Arrman fired from 'katta', seriously injuring the complainant. The incident was witnessed by Sazid and Sahjada who are present.

(3.) THE written report of the incident was given at the police station and on the basis of which chick F.I.R. was prepared.