IBAD ULLAH Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. Accused-appellants Ibad Ullah, Mati Ullah, Farid and Ashiq named above who were convicted under Section 325/34, IPC and 323/34, IPC vide judgment and order dated December 10, 1979 by Sri P. K. Dixit, the then IV Additional District and Sessions Judge, Shahjahanpur and were sentenced to undergo R. I. for a period of five years each under the first count and for one year each under the second count have come up in appeal before this court.

(2.) THE prosecution claimed that on 18-1-1978 at about 7. 00 a. m. in village Udaipur Moora within the Circle of Police Station Mirzapur district Shahjahanpur the accused-appellants, in furtherance of their common intention, had assaulted Shafiq, irfan and Sabir Husain and caused grievous and simple hurt to them. Shafiq is said to have died on 20-1-1978 in con-sequence of the injuries caused to him by the accused persons. THE accused-appellants were accordingly prosecuted under Section 302/307/34, IPC. After needful trial into the matter the learned trial Judge found the accused-ap pellants guilty under Section 325/323/34, IPC. He accordingly convicted and sentenced them as aforesaid. THE accused- appellants felt aggrieved by the said judgment hence the appeal.