MOHAMMAD SHAFI Vs. BARU

JUDGEMENT

(1.) P. K. Jain, J. This revision is dire cted against the judgment and order dt. 8-6-94 passed by Sri J. S. Yadav HI Addi tional Assistant Sessions Judge, Rookee, Saharanpur, in Sessions Trial No. 309 of 1981 State v. Baru and others under Sees. 147,148,307,324 & 325, IPC P. S. Roorkee, Saharanpur (now district Haridwar) ac quitting the accused opposite parties of the charges under the aforesaid sections.

(2.) THE incident is said to have oc curred on 17-2-81 at 1. 00 p. m. in Sandhori, a hamlet of village Jaurasi, within the local limits of Police Station Roorkee. THE complainant's party comprising of Kalian, Maqsood S/o Kalian and Ali Hasan brother of Kalian and the accused persons, Kura, Baru, Mustquim, Saleem, Barkat and Iqbal have their fields adjacent to each other in Sandhori. On the date of incident Maqsood, Kalian and Ali Hasan were busy in their field in doing some earth work. Accused persons among whom Kura was armed with a Tabal and rests with Lathis, arrived at the scene of occurrence and started showering abuses upon the complainant's party. On the exhortation of Kura, the accused persons started assaulting complainant's party. Kura gave Tabal blow on the head of Kalian and the remaining accused persons assaulted complainant's party with lathis. Witnesses Safi, Hanif, Jinda and Shaukat etc. were attracted to the scene of occurrence. It is alleged that Maqsood and others had used phavra (spade) in their self-defence. Ac cording to the first information report Kalian, Maqsood and Ali Hasan had received injuries. THEy were taken to Manglore hospital where they were medi cally examined. THEreafter, written report (Ex. Ka-1) was got scribed by Safi (PW-1) and was sent to the Police Station, Roorkee through one Tahir alongwith medical examination report. On the basis of this report a case under Sections 147/323/324, IPC was registered.

(3.) THE trial Court framed charges against all the accused persons under Sec tions 147, 307, 325, 323/149 and 324/149, IPC. Accused Kura was further charged under Section 148, IPC.