LAWS(ALL)-2017-1-10

MUQIMUDDIN Vs. STATE OF U.P. & ORS.

Decided On January 10, 2017
Muqimuddin Appellant
V/S
State of U.P. and Ors. Respondents

JUDGEMENT

(1.) Challenge in this criminal revision is to the impugned judgment and order dated 08.12.2015 passed by Additional Session Judge, Court No.-1, Pratapgarh in Criminal Appeal No.-65 of 2013, Muqumuddin v. Mujeeb Ali and another confirming the judgment and order dated 24.09.2013 passed by learned Additional Chief Judicial Maigstrate, Pratapgarh in Complaint Case No.-2164 of 2002 by which the accused Mujeeb Ali and Anees Ahmad were acquitted from the charges under Sections 323/504/506 I.P.C. Being aggrieved this criminal revision has been preferred by Muqimuddin, complainant against the said orders.

(2.) The accused Saifuddin died during the pendency of the proceedings and the case was abated against him vide order dated 15.10.2011.

(3.) Briefly stated, the case of the revisionist/complainant is that he was the resident of Village Barai, Police Station Kunda District Pratapgarh. The accused Mujeeb Ali and Anees Ahmad and Saifuddin were hardened criminals, who were having old enmity with the complainant. On the date of incident, when the complainant was present in his house, the accused reached on the door of his house and started abusing him and when asked not to do so, they gave him beatings with fists and slap. Ved Prakash Tewari, Ram Pyare and other villagers reached at the spot on his cry, who saw the incident and on account of their interference the accused left the place threatening him to kill. The report was lodged on the police station concerned where only N.C.R. No.-24/99 under Sections 323/504 I.P.C. was registered where complete details were not written. The complainant got himself medically examined on the next day in Primary Health Centre, Gonda, since the Doctor was not present on that date.