KAWAR & ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellants against the judgement and order dated 5.12.2008 passed by the Additional District & Sessions Judge/Fast Track Court No.1, Kairana, Muzaffarnagar in Session Trial No. 403 of 2006 (State Vs. Maroof and another ) convicting and sentencing the appellants for the offences punishable under Sections 308/34, 326/34 IPC. Fine was also imposed.

(2.) The facts of the case, as unfolded by the informant Waqar Khan son of Sardar Ali Khan in the First Information Report (in short 'F.I.R.'), are that on 22.12.2003 at about 1.00 p.m., while he was sowing wheat in his field, Kawar son of Ghani, Sajid son of Kawar, Maroof son of Ayyub and Murtaza son of Hamid came to his field. Kawar and Sajid were armed with Gandasi and Maroof and Murtaza were armed with lathi. They forbade the brother of informant for sowing wheat and hurling abuses assaulted to him. Hearing the noise, Ajaz Ali son of Inayat Ali Khan and Ragbir son of Kishna etc. came there and saved his brother and took him to Shamli Hospital. Accused had threatened that he escaped today but they would see again. Keeping in view the seriousness, injured was referred to Muzaffar Nagar Hospital. After getting him medically examined, he went for lodging report with the medical report. Accused were threatening them for dire consequences.

(3.) On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-3) was registered at Police Station concerned on 24.12.2003 at 11.00 a.m. mentioning all the details as had been described in Ext. Ka-.1. G.D. entry (Ext. Ka-4) was also made at the same time.