ZALIL AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) The first six applicants were convicted by a Magistrate First Class, Bijnor, of offences under sections 147, 332/149, and 225-B/149 I.P.C. and were sentenced to 9 months rigorous imprisonment, to one year's rigorous imprisonment and to three months rigorous imprisonment respectively under these counts. Applicants Zahid and Nazir were convicted under Sec. 225-B I.P.C. and sentenced to three months' rigorous imprisonment.

(2.) On appeal their conviction and sentences were upheld by the Additional Sessions Judge. Hence this revision.

(3.) According to the prosecution constables Idris Ahmad and Amar Singh went to village Hitai an 4-1-1965 arrested applicants Zahid and Nazir in pursuance of a warrant under Sec. 56 Crimial P.C. and brought them to the Baithak of Mukhtar Ahmad. In the meantime the other six applicants arrived there in a menacing attitude and asked Idris Ahmad to show them the warrant. Idris Ahmed showed them the warrant but they said that it was fictitious. Then they assaulted Idris Ahmed, snatched the warrant from his hand and allowed Zahid and Nazir to escape from the lawful custody of the constables. On a report lodged by the constable the case was investigated and the applicants were sent up for trial.