ASGHAR ALI AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 20.2.1982 passed by Sri S.S. Agrawal, then Sessions Judge, Budaun in Sessions Trial No. 476 of 1980, State Vs. Asghar Ali and Akbar Ali .

(2.) The facts relevant for disposal of this appeal are that on 16.3.1980 Akhtar Ali Khan lodged a first information report against accused-appellants at police station Allahpur district Budaun at 5.10 A.M. with these allegations that his cousin brother Achhan resident of mohalla Patia Kakrala police station Allahpur and accused Asghar Ali and Akbar Ali residents of same mohalla had taken a Theka at Rudauli Sugar Factory district Barabanki in the month of Jan. of that year. The Theka money was realised by accused Asghar Ali and when Achhan asked him for accounting, Asghar Ali replied that he shall do accounting after reaching Budaun. They had returned back from the factory about 15 days ago, and on the previous day Akhtar Ali had asked Asghar Ali and Akbar All again for accounting at about 9 A.M. stating that they were in the need of money. Then Asghar Ali abused them and threatened that they would do accounting very soon and would see them. Akhtar Ali and Achhan were sleeping in their house in between the night of 15-16 March 1980. At about 3.15 A.M. some one knocked at the door of the house. There was light of electricity in the house. Akhtar Ali got up and questioned about identity of the person, and then Asghar Ali and Akbar Ali dis- closed their names and asked them to open the door, so that accounting may be done. Akhtar Ali opened the door, then Asghar Ali having spear in his hand and Akbar Ali having lathi in his hand entered the house and started beating him with intent to kill him stating that accounting should he done and gave lathi and spear blows to him. Then Firoz Ahmad, who was sleeping there, also got up and tried to protect Akhtar Ali. Then Asghar Ali gave a spear blow to Firoz Ahmad also. Upon noise Ahsan All Khan and Master Ali Ahmad etc. reached there and protected them. Then the accused went away. Chadar of accused Asghar Ali had fallen down on the spot and he could not take it with him, and this Chadar was taken by Akhtar Ali to the police station and there he lodged a report against the accused persons.

(3.) On the basis of the above report, police registered a case under sections 452 and 307 I.P.C. against the accused persons and after completing the investigation submitted charge-sheet against them. Both the accused were charged under sections 452 and 307/34 I.P.C. They pleaded not guilty and claimed trial.