GULAM MOINUDDIN Vs. NURUL HASSAN

JUDGEMENT

(1.) THIS appeal has been filed by the complainant against the judgment and order dated 25. 5. 84 passed by learned Judicial Magistrate, Fatehpur Shekhawati (District Sikar) by which the learned Magistrate acquitted the accused- respondents Mozzam Ali, Karamat Bano, Hakikat Bano, Tareek Bano and Marfat Bano of the charges u/sec. 147 & 324 IPC.

(2.) BRIEF facts of the case are that the complainant filed a complaint against the accused in the Court of Judicial Magistrate, Fatehpur Shekhawati on dated 2. 3. 74 alleging therein that on October 26, 1973 at about 5. 00 p. m. , he had gone to the mosque for "azaan". Having formed an unlawful assembly the accused came there and beat him with fists and kicks. They caused injuries with teeth bite on his back, left hand and finger of right hand. The incident was witnesses by Gulam Zilani and others. Thereafter, he lodged a report at Police Station, Fatehpur, but no action was taken by the Police. The accused committed an offence u/secs. 324, 147, 352 & 341 IPC. Learned Magistrate recorded the statements of the complainant and his witness Gulam Zilani u/secs. 200 and 202 Cr. P. C. respectively and took cognizance against the accused for the offence u/secs. 147 and 324 IPC.

(3.) LEARNED counsel for the complainant contended that there was sufficient material before the trial Court to hold the accused guilty u/ss. 147 & 324 IPC. He contended that the evidence of the complainant has been disbelieved by learned Magistrate on flimsy grounds. The complainant was supported by medical evidence as well as by ocular testimony of PW3 Peer Gulam Zilani and PW4 Prahlad Rai. The evidence produced by he complainant was not appreciated correctly and properly and, therefore, this appeal deserves to be allowed and the accused-respondents are liable to be convicted and sentenced u/secs. 147 and 324 IPC. LEARNED counsel for the accused-respondents supported the impugned judgment.