Law:

Section:

Keywords: Recording, Evidence, Prosecution, False Statement, Trial Court, Benefit Of Doubt, Leave, Compensation, Testimony, Recovery, Consideration, Defence, Cross-Examination, High Court, Division, Land, Magistrate, Fine, Administration Of Justice, Inter Alia, Investigation, Set Aside, Examination, Practice, Place, Conviction Result: Petition dismissed JUDGMENT This is an appeal under section 410, Cr. P. C. Filed by the four appellants against the judgment dated 25-2-1978 passed by the 1st Additional Sessions Judge, Hyderabad, convicting the appellants under sections 307, 326 and 323 read with section 34, P. P. C. And sentencing them each to suffer R. I. For 7 years and to pay a fine of Rs. 2,000 or in default to suffer further R. I. For 6 months. The appellants were also directed by the learned Additional Sessions Judge under section 544-A, Cr. P. C. To pay compensation of Rs. 1,000 to the complainant injured or in default to suffer further R. I. For 3 months. 2. The incident had occurred on 2-6-1974 at 5 p. m. In the land of the complainant, Manthar situated in Deh Dali Nandhi, Taluka Hyderabad, at a distance of 4 miles from the police station. According to the prosecution the appellants armed with hatchets and lathis attacked the complainant, Mantbar and caused injuries to him, on account of enmity which appellant No. 1 had developed because about 8 days prior to the day of incident, the complainant had admonished appellant No. 1 for fighting with one Topo Bagri. Complaint was lodged by the injured himself on the same day at 10 p m. It will be advantageous to reproduce herein below the F. I. R.: "I am `Zamindar'. I own 22 acres of land in `Deh' Nandhi Dali, and I am also nekmard at my village. About 8 days back, one Mooso Malah had fought with Topo Bagri, who resides in my village. Therefore, I asked Moosi, Yousuf and Hajan Malaba that you are unnecessarily quarrelling with our persons, whereupon they abused me and my cousin Nimo. The above Malaha also told us that if we shall intervene, they will also kill us. About 3-4 days ago, Mooso and others abused me and told they will see me. I complained to Haji Abdul Karim Jabejo that Mooso and others are saying…

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