Law:

Section:

Keywords: Conviction, Custody, Offer, Defence, Evidence, Place, Inter Se, Delay, Set Aside, Dispute, Omissions, Consideration, Investigation, Prosecution, Parties, Theft, Fine Result: Appeal allowed JUDGMENT The appellants were convicted for an offence under section 326/149, P. P. C. and mentioned to undergo R. I. for 5 years and pay a fine of Rs. 1,000 or in default to undergo R. I. for 1 year. Three bullocks of Sultan complainant were stolen. He suspected the appellants ^for having stolen the bullocks. Consequently he along witff his father Ali Mohammad, Nawab and Nasir tracked the foot-prints which led to the house of the appellants Rasulo and Panah. The females of the appellants came out and informed them that the appellants had gone to offer Idd prayers. On the following day the complainant along with his father Ali Mohammad, Mehrab, Nawab and Nasir went to the house of the appellants and asked them to return the bullocks but they refused and abused them. The complainant party, therefore, returned and while they covered a short distance all the four appellants armed with hatchets and lathis overtook them and inflicted injuries upon Nawab, Mehrab and Nasir, and then they forcibly dragged away Ali Mohammad after giving him blows. The complainant made a search for Ali Mohammad but he was not traced. Consequently first report was lodged. The police after usual investigation challaned the appellants. It is said that during investigation appellant Rasulo produced a bloodstained hatchet. There could be no manner of doubt that Nawab and Nasir sustained the injuries and this is' borne out by the medical evidence. Nawab had two incised wounds caused by hatchet and Nasir had one incised wound caused by hatchet and five injuries by blunt weapon. The injury No. 1 was said to be grievous. So far Mehrab is concerned there is no medical evidence. As regards the identity of the appellants with the crime the evidence mainly is ocular consisting of four witnesses Sultan, Nawab, Nasir and Mehrab. They are closely related to each other. Sultan, Nawab and Mehrab are brothers inter se while Nasir is their cousin. The learned Additional Sessions Judge accepted their evidence but…

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