MURASHLIN AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 14.01.2005 passed by the Additional Sessions Judge, Court No.2, Saharanpur, in Special Session Trial No.331 of 2002 State Vs. Murashlin and another, arising out of Case Crime No.267 of 2001 under Sections 323/34 IPC and 3 (1) (10) SC/ST Act, Police Station- Deoband, District- Saharanpur, whereby the accused-appellants have been sentenced to undergo six months rigorous imprisonment coupled with fine Rs.500/-, in default of payment of fine, additional one month rigorous imprisonment on the first count and six months rigorous imprisonment coupled with fine Rs.1000/-, in default of payment of fine, additional one month rigorous imprisonment on the second count. Both the sentences were ordered to run concurrently.

(2.) Heard Sri Shailesh Kumar Shukla, learned counsel for the appellants, Sri Om Narain Tripathi, learned A.G.A. for the State and perused the record.

(3.) The facts leading up to this appeal appear to be, as discernible, from the record and particularly the first information report that the informant Gangaram lodged the written report on 16.05.2001 at 23:10 hours, at Police Station Deoband, District Saharanpur, regarding some incident with the allegations that the informant Gangaram had gone to take wages for reaping the crops at the house of Murashlin, Murtaza and Rashid where the accused-appellants were not paying wages as per agreement and were giving less wages with regard to agreement entered into between them. The accused-appellants started quarreling with the informant and the accused-appellants also called him by name of his caste and assaulted with Lathi and iron rod and also threatened with knife and countrymade gun. On alarm being raised, Sompal, Karanpal and Atar Singh and others arrived on the spot and saved the informant whereupon the accused-appellants after extending threat to life disappeared from the scene. The written report is Ext. Ka-2.