MAHBOOB Vs. STATE OF U P

JUDGEMENT

(1.) As these three appeals arise out of a common judgement dated 10.08.2007 passed by Additional Sessions Judge, Court No. 7, Muzaffarnagar in Sessions Trial No. 282 of 2005, they are being disposed of by this common judgement.

(2.) As per prosecution case, in the night intervening 13/14.08.1999, victim Rafat Saleem was called by main accused Mahboob, who took him to his house where the other accused persons were also present. It is said that the victim was taken on the first floor and then accused persons, namely accused no. 1-Rafeeque, accused no.2-Sayeed, accused no.4-Rahees, accused no.5-Nawab and accused no.6-Naushad caught hold the victim and thereafter main accused Mahboob chopped the penis of the victim. Immediately after sustaining the injury, victim became unconscious. FIR Ex. Ka.6 was lodged by (PW-1) Mohd. Naim, father of the victim, on 14.8.1999 at 05:20 pm against all the six accused persons. Based on which offence under Sections 307, 326 of IPC was registered. The victim was medically examined on 14.8.1999 vide Ex.Ka.2 by (PW-5) Dr. B.S. Singh.

(3.) While framing charge, the trial Judge has framed the charge against the accused persons under Sections 307 read with Section 149 of IPC, Section 326 read with Sections 149 and 201 of IPC.