MOHD ARIF Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. The appellants who are the real brothers, have been held guilty and sentenced to rigorous imprisonment for a term of 10 years and a fine of Rs. 10,000/- each for having been guilty of culpable homicide. The appellant Asif has been convicted under Section 304-II IPC and Mohd. Arif has been sentenced under Section 304-II read with Section 34 IPC.

(2.) ACCORDING to prosecution, on 19-8-2000, at about 10. 00 a. m. in village Rasoolpur within the circle of P. S. Satrikh District Barabanki, two brother Anil Kumar and Sunil Kumar were preparing mud for repair of their house. Their uncle Moti Lal was also assisting them. The appellants happened to pass from there. Some splash of mud stained the clothes of appellant Asif. This gave cause for altercation and exchange of abuses, which culminated into physical assault by the appellants on Sunil. In this scuffle, Sunil fell to the ground. The appellant Asif found a hoe of the plough lying there. He picked it up and assaulted Sunil with the hoe of the plough on his head. Sunil received injury and fell down. The incident was witnesses by several persons who had gathered. The appellants then ran away.

(3.) THE conviction of Mohd. Asif under Section 304-II read with Section 34 IPC is, therefore, set aside and he is held guilty and is convicted under Section 323 IPC and is sentenced to one year imprisonment only. Since he has already undergone the imprisonment for more than a year, he will be released forthwith.