MANJOOR AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed under Section 374(2) Cr.P.C. against judgment and order dated 5.2.1997 passed by Sessions Judge, Faizabad in Session Trial No.411 of 1989 whereby and hereunder the appellants Manjoor, Faqeeroo, Labedi and Roshan were found guilty under Section 304 of Indian Penal Code read with Section 34 IPC and 323 IPC and were sentenced to undergo rigorous imprisonment for 10 years and six months respectively.

(2.) Brief facts giving rise to the present appeal are narrated as follows:- That on fateful day i.e. on 27.7.1988 at about 11.00 A.M. children of accused/appellants and informant were playing together and in the matter of playing some quarrel took place and in the mean time accused Manjoor reached there and slapped the children of the informant. The informant came out after hearing noise and inquired about cause of quarrel. Immediately after inquiry, all the four accused came there and started beating to the complainant with lathis and slaps. After hearing the alarm, his younger brother Ayub and his father Abdul Rahman came to rescue him, where they were also beaten.

(3.) Taufiq, the injured, who later on died lodged the first information report before the police station which was registered as N.C.R. case under Section 323 IPC and later on due to injuries found on the body of Taufiq and looking to his serious health condition, he was taken to hospital at Varanasi where he died on 29.7.1988. The matter was communicated to the police station through Ex. K-11 on 2.8.1988 resulting to initiate the investigation against the accused. After completing investigation and recording the statement under Section 161 Cr.P.C. and also examining the panchayatnama and post mortem report, the investigating officer submitted charge sheet under Section 302 IPC whereupon Magistrate took cognizance and committed the case to the court of Session.