MOHD SHAMIM GHOSI & ANOTHER Vs. STATE OF U P
LAWS(ALL)-2017-8-471
HIGH COURT OF ALLAHABAD
Decided on August 31,2017

Mohd Shamim Ghosi And Another Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Sheo Kumar Singh, J. - (1.) Since the aforesaid criminal appeals arise out a common judgment, they are being decided by a common order.
(2.) Aforesaid criminal appeals have been filed against the judgment and order dated 31.07.2000 passed by 4th Additional Sessions Judge, Raebareli, in S.T. No.381 of 1991, whereby and whereunder the appellants/accused were found guilty under Sections 308 read with Section 34 I.P.C. and sentenced to undergo rigorous imprisonment for a period of one year and fine of Rs.4000/- each. It was further directed that out of the fine so deposited, Rs.10,000/- shall be paid to injured Bhulla and Rs.2000/- shall be paid to injured Munna.
(3.) The brief facts giving rise to the aforesaid criminal appeals are that the complainant used to sell milk in different residences and the accused felt enmity on the false belief that the complainant used to supply the milk in the houses where accused were doing business by sale of milk. On 18.04.1991 at about 8 A.M. near Firoz Gandhi Degree College, Rae Bareli crossing all the accused gathered with intention to cause injury to the complainant and his Mama with Iron Rods and Sariya. The First Information Report was lodged in the Police Station which was registered under Section 324, 325, 308, 504 and 506 I.P.C. and complainant Muna was sent to medical hospital for medical examination, where on examination, following injuries were found on the body of Muna:- i. Lacerated wound 1.8 cm 1.2 cm skin deep on the right side of the chest, the injury was fresh. ii.Abrasion of red color with contusion 6 cm x 3cm on the right hand back side. iii.Contusion 1.2 cm x 1.6 cm in the left hand back of the thumb and there was a complaint of pain.;


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