JALALUDDIN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Manish Tiwari, Senior Advocate, assisted by Sri Atharv Dixit, Advocate, learned counsels for the appellants and Sri Pankaj Srivastava, learned AGA for the State.

(2.) This criminal appeal has been preferred by Jalaluddin, Hisamuddin and Khursheed Ahmad, sons of Late Kamruddin, against judgment and order dated 10.12.2009 passed by Sessions Judge, Deoria in S.T. No.230 of 1998, State Vs. Jalaluddin and others, convicting and sentencing the appellants to undergo 7 years rigorous imprisonment with fine of Rs.10,000/- and in default of payment of fine to undergo six months further rigorous imprisonment, under Section 307 read with 34 I.P.C and 3 years rigorous imprisonment along with fine of Rs.5,000/- and in default of payment of fine to undergo three years rigorous imprisonment, under Section 452 I.P.C. All the sentences have been directed to run concurrently.

(3.) The prosecution case is that the appellants were trying to get a loan sanctioned in the name of Sattar Khan, father of the informant, for purchasing a Tractor which was being opposed by the informant. On the date of incident dated 26.05.1996 at about 7.00 p.m., informant, Azim Khan, was returning home from Ghanti Bazar on a bicycle, when appellant no.1, Jalaluddin and appellant no.2, Hisamuddin, armed with knife and appellant no.3, Khurshid Ahmad, armed with Ballam suddenly appeared and stopped the informant. They asked him why he is objecting to the sanction of loan in the name of his father when the Tractor purchased from the loan amount shall be kept at their home. The informant did not agreed to their request and therefore, all the three appellants attacked the informant and thereafter his mother, Noor Fatima and also the sister, Amina, after committing house-tresspass. The incident was witnessed by Abhaishanker Rai and Ramayan Rai and the first information report of the incident was lodged on 26.05.1996 at 20.10. hours at police station Bhatni under Sections 307, 452, 323, 506 I.P.C.