G.S.N. Tripathi, J. - (1.) Both these appeals arise out of judgment dated 15-7-1978 passed by the then IV Additional Sessions Judge, Bijnore in S. T. No. 185 of 77 of that district.
(2.) Accused Altaf Manihar, Altaf Jhojha, Zamir Ahmad, Wazira and Ibrahim stood charged under Sections 148, 302/149 and 307/149, 1. P. C.
(3.) The prosecution case started on the basis of a written F. I. R. dated 1-8-1977 made by Shamim Ahmad, complainant. He has alleged that he is a resident of Mohalla Jainul Abedeen of town Afzalgarh, district Bijnor. His sister Smt. Razia was married to Mushtaq Ahmad alias Chhanga (deceased). Accused Altaf is married to the Bhanji of the complainant Snit. Nafisa. Snit. Nafisa called Smt. Razia at her house about a month or so ago. Earlier (prior to 1-6-1977 at her house, the accused Altaf Manihar tried to misbehave with Snit. Razia. However, she retained his virtues and came out. She complained about this misconduct of the accused Altaf Manihar to the complainant as well as her husband. These two persons had taken exception to this misbehaviour of the accused and on several occasions altercations had taken place. Parties had lodged reports against each other. However, no report was lodged against this misbehaviour towards Smt. Razia in order to avoid bad name towards that lady. The accused Altaf Manihar formed a company of some law-breakers and was in search of an opportunity to assault the complainant and his brother-in-law Mushtaq alias Chhanga.;