ASHRAF & OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeals are born out of a common judgment and order dated 28.01.2004 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Deoria in Sessions Trial No. 285 of 1992 (State v. Chhangur and others) arising out of Case Crime No. 122 of 1991, Police Station - Baghauchghat, District - Deoria, whereby accused-appellants - Chhangur, Islam, Khurshid, Ashraf and Liyakat Ali were convicted and sentenced as follows :

(2.) Both the sentences were directed to run simultaneously.

(3.) Facts of the prosecution case, in brief, appear to be that on 10.10.1991 at about 02.30 P.M., accused-appellants Chhangur, Islam, Khurshid, Ashraf and Liyakat Ali, possessing blunt object - 'lathi-danda' (wooden stick) and sharp-edged weapon 'gadasi', entered into the residence of the informant Adalat and brutally assaulted Jahedun Nisha, wife of informant Adalat and Noor Jahan, wife of informant's brother, on account of some old land dispute. Jahedun Nisha sustained injuries by 'gadasi' (axe-like weapon) on her neck. On alarm being raised, co-villagers Sadan, Mahendra, Sri Kishun and others came to their rescue. At the time of the occurrence, informant Adalat was not present at his residence. When he returned to his residence, he took away the injured for medical examination. It was requested that report be lodged and strict action be taken. The written report is on record and the same is marked as Ex.Ka.1.