MOHD RAFIQ Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 09. 03. 1990 passed by learned IVth Ad ditional Sessions Judge, Nainital in Sessions Trial No. 300 of 1989, whereby the accused/appellants have been convicted and sentenced to undergo rigorous impris onment for six months u/s 147 Indian Panel Code, 1860 (for brevity as I. P. C.), three months u/s 323 I. P. C. and three years u/s 325 and a fine of Rs. 2, 000/- each. It was further directed that in de fault of payment of fine, the accused/appellants would further undergo impris onment for six months each. It was fur ther directed that all the sentences would run concurrently.

(2.) BRIEF facts of the case as emerges from the record are that on 02/08/1988 at about 8:00 a. m. , the informant Babu and his father Budha were going to look after their field. When they reached in front of the house of the accused/appel lant Hanif, the accused Akhlakh Ahmad who was holding a gun in his hand stated to other accused/appellants who were holding lathies in their hands that the injured Budha did not cast vote in his favour in the election. The accused Akhlakh Ahmad exhorted all of the accused/appellants to kill them. Thereupon, the accused/appellants started wielding lathies which they were holding on Budha. Due to fear, the informant Babu, son of injured Budha fled away from the place of occurrence. The said incident was witnessed by Nazir Ahmad and Shakil Ahmad. The injured Budha sustained injuries on his person. Thereaf ter, he was taken to police station from where he was taken to the hospital for medical examination as well as treat ment. A case was registered by the in formant Babu against the accused/ap pellants and co-accused Akhlakh Ahmad. The medical examination of the injured Budha was conducted by the Medical Officer on 02/08/1988 at about 11:10 a. m. in P. H. C. Bajpur. After com pleting the investigation, the Investigat ing Officer submitted the chargesheet against the accused persons before the court concerned.

(3.) THE accused persons were exam ined u/s 313 Cr. P. C. and they have pleaded not guilty to the offence. They have stated that they have been falsely implicated in this case due to enmity. They have further stated that they did not cause any injury to the injured Budha PW2.