MOHAMMAD HANIF Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal revision was directed against the judgment and order dated 22/7/1985 passed by Sri D.D. Sharma, the XIth Additional Sessions Judge, Moradabad. The learned Judge was disposing off Criminal Appeal No. 113 of 1985 which was against the order of conviction and sentence passed against the revisionist by Sri Shyam Shankar Tewari, Additional Chief Judicial Magistrate, Moradabad on 13/5/1985. The case was under sections 452 and 324 read with 34 I.P.C, The learned Magistrate had convicted the revisionists on both the charges and had sentenced them to two years rigorous imprisonment under section 452 I.P.C. plus a fine of Rs. 2000.00 each and in default, further rigorous imprisonment for three months and. to one year rigorous imprisonment under section 324 read with 34 of the I.P.C.

(2.) In brief the prosecution case was that Abdul Aziz complainant who is resident of mohalla, Sarai Hussaini P.S. Naagfani was at about 7:00 p.m. on 25.6. 1983 taking his meal in the verandah inside his house. His wife Smt. Raeesa was also present nearby watching television programme at the place of her tenant Mohd. Ayoob through her wall. The revisionists suddenly came there they poured acid on Smt. Raeesa Abdul Aziz tried to apprehend the culprits but they managed to escape. A number of witnesses came on the spot. Smt. Raeesa was burnt at several places on her body. A report was lodged at police station, Nagfani at 7:30 p.m. the same day. Investigation was made and ultimately a charge sheet was submitted.

(3.) During the course of the proceedings of this revision in this Court, parties entered into compromise and submitted a deed of compromise. They also sought permission to compound the offence. (The learned Additional Sessions Judge had dismissed the appeal and confirmed the order passed by the learned Magistrate.)