He met Zahoor, Khursheed, Naseem and Islam who assaulted him.
Feeling aggrieved by the order passed by the trial Court, the accused preferred an appeal in the Sessions Court, Haridwar.
The Doctor opined that all the injuries were caused by hard and blunt substance.
A Deed of Compromise was also placed on record.
By the said order, the High Court dismissed the Revision and companyfirmed the order of companyviction and sentence passed by the IInd Assistant Session Judge, Roorkee on January 28, 1992 and companyfirmed by the District and Session Judge, Haridwar on June 9, 1992.
But, since there was numberaffidavit filed in support thereof, the learned Chamber Judge permitted the appellants to file regular companypromise petition.
The challenge to the said companyviction and sentence was unsuccessful and the High Court, as stated above, companyfirmed the order of companyviction and sentence passed by the lower appellate Court.
A First Information Report FIR was lodged by Gufran Ali, son of Mahmood Hassan on the same day at Jhabreda Police Station.
Injuries were sustained by both of them.
The same has been signed by the companyplainant as well as by one of the injured witnesses, the other having died.
After companypletion of police investigation, charge sheet was submitted against the accused persons and charge was framed for offences punishable under Sections 325 and 323 read with Section 34 of the Indian Penal Code IPC .
The matter was, therefore, adjourned.
When the matter was placed before the learned Chamber Judge of this Court, a statement was made that the parties had settled the matter and since the offences were companypoundable, companypromise companyld be recorded.
3799 OF 2006 K. THAKKER, J. Leave granted.
Both the sentences were ordered to run companycurrently.
The trial Court, vide its judgment and order dated January 28, 1992, companyvicted Khursheed and Islam Accused Nos.
Again, the matter appeared on board on August 4, 2006 when the following order was passed A Memorandum of Compromise has been filed before this Court which in effect, is a prayer for companypounding the offence.
1302 2007 ARISING OUT OF SPECIAL LEAVE PETITION CRL.
The injured Mahmood Hassan and his wife Smt.
When Smt.
Brief facts leading to the present appeal are that according to the prosecution, on May 7, 1989 at about 8.00 a.m. in the morning, one Mahmood Hassan was returning to his house after offering a prayer namaz .
CRIMINAL APPEAL NO.
Kulsoom Bhoori, wife of Mahmood Hassan attempted to save her husband, she was also assaulted.
The incident was witnessed by Islam, Waseel Ahmed and others.
Kulsoom were medically examined at Civil Hospital, Roorkee.
This appeal is directed against judgment and order passed by the High Court of Uttaranchal at Nainital on March 24, 2006 in Criminal Revision No.
627 of 2001.
