STATE OF U P Vs. IRSHAD ALI

JUDGEMENT

(1.) Heard Sri D.I. Faridi, learned A.G.A. for the State-appellant and Sri M.K. Gupta, learned counsel for the accused-respondents.

(2.) The instant Government appeal has been filed by the State of U.P. against the judgment and order dated 24.5.1982 passed by IInd Additional Sessions Judge, Shahjahanpur, in Criminal Appeal No. 109 of 1981 whereby the accused-respondents Irshad Ali and Shahid Ali have been acquitted of charge under Section 326/34, I.P.C. Police Station Katra, District Shahjahanpur.

(3.) The prosecution case, as is apparent from the impugned judgment is that one day prior to the occurrence, Ishrat Ali brother of Izakat Ali was robbed by the accused Irshad Ali and his companion Ram Sagar. He lodged a first information report regarding the said incident of robbery at the Police Station, Katra on the same day. Because of this incident, accused Irshad Ali and Shahid Ali began to harbour grudge against Ishrat Ali and his family members. On 1.1.1975 at 4:45 p.m., Mazhar Ali went to the betel shop of Laua situated towards the South of Shahjahanpur-Bareilly road which passes from town of Katra, for purchasing the betel. The accused-respondents Irshad Ali, Shahid Ali and the deceased-respondent Yusuf Ali were standing near bonfire. They caught hold of Mazhar Ali and exhorted that his brother Izakat Ali had lodged the first information report against them, therefore, they will kill him. Subsequent thereto, accused Irshad Ali dealt a blow with knife in the abdomen of Mazhar Ali and accused Shahid Ali dealt a blow with hockey on his head.