STATE OF MAHARASHTRA Vs. HABIB ALIAS NOOR JAHAGIRDAR

JUDGEMENT

(1.) These appeal and criminal revision are filed by the State and original complainant respectively being aggrieved by the judgment and order passed on 18.12.1999 by the learned Additional Sessions Judge, Latur, in Criminal Appeal No.29 of 1994 whereby he acquitted the present Respondents original accused of the offences punishable under Sections 147 read with Section 149 and 323 of Indian Penal Code for which offences, they were convicted by the learned Judicial Magistrate, First, Class, Udgir in Regular Criminal Case No. 181 of 1987 decided on 7.3.1994.

(2.) Briefly stated, PW 1 Shabbirbi lodged complaint on 29.9.1987 stating that she was owner of house bearing No.2.2.217/1 at Udgir. She was making construction of one room after obtaining necessary permission from the Municipal Council, Udgir. She has also constructed a wall of 45 ft. in length. She also obtained injunction in respect of the said property, but present respondents accused and other ten persons on 29.9.1987 came and asked her why she was making construction. At that time Respondent No.5 Samiulla abused her, Respondent No.3 Akbar gave blow with stick on her head and right hand. When her husband Shaikh Amin came to rescue her, Respondent 2 Sk. Hajat gave a blow with stick on the head of her husband. Even when brother and mother of the complainant came to rescue her, Respondent No. 2 Shaikh Hajat and Respondent No.3 Shaikh Akbar beat and injured them with sticks and stones. Thereafter complainant Shabbirbi lodged complaint with police. Injured were sent to hospital.

(3.) After usual investigation, charge sheet was sent to the court against as many as 15 persons for committing offences punishable under Sections 141,148, 337 read with Section 149,1.P.C. and Section 323 read with Section 149 of I.P.C..