HAZAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence recorded by the learned Additional Sessions Judge Faridabad on the accused-appellants in Sessions Case No. 15 of 1986 dated 15.10.1986.

(2.) According to the case of the prosecution, the accused accosted Umar Mohammad at about 7.00 A.M. on 7.12.1985 when the said Umar Mohammad was with Akhtar Hussain and that the accused Dilawar exhorted the other accused Hazar and Lallu. Thereupon, the accused Hazar and Lallu armed with ballam attacked Umar Mohammad. The occurrence was witnessed by Akhtar Hussain and also Ashik Hussain and one Ratti Khan. When the injured Umar Mohammad raised hue and cry, the accused ran away. Thereafter, the injured was taken to the hospital. The injured gave his statement to the police, on the basis of which a case was registered in FIR No. 138 17.12.1985. The investigation was taken up. After completion of the investigation, a charge-sheet was filed against the accused. The learned Additional Sessions Judge framed the charge against the accused under Section 307 Indian Penal Code read with Section 34 Indian Penal Code, to which the accused-appellants pleaded not guilty.

(3.) In order to prove the guilt of the accused the prosecution examined ten witnesses and marked the documents.