NASIRUDDIN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the three above named appellants, out of whom appellant Nasiruddin Khan was convicted under Section 304, Part-II and the rest of the appellants were convicted under Section 323, I.P.C. Appellant Nasiruddin Khan was sentenced to undergo R.I. for five years and the rest of the appellants were sentenced to undergo R.I. for one year for offence under Section 323, I.P.C.

(2.) The case of the prosecution, as per the fardbeyan of Murtaza Khan (Ext. 3), was that on 6.10.81 at about 11.30 the informant was fixing page on his own Sahan land to keep maize crops Suddenly, Nasiruddin Khan, Lajim Khan and Mehmood Khan came there and protested to the Act of fixing of the pole. The informant replied that he was fixing the pegs on his own sahan and, therefore, there was no question of protest. He also asked to accused to get the land measured to ascertain whether the peg was being fixed on the land of the latter or on his own land. Subsequently Nasiruddin Khan, Lajim Khan and Mehmood Khan announced that the informant will not heed to reason and, therefore, he should be assaulted. Thereafter, Majiruddin Khan brought a bhala and Qayamuddin Khan and Sadruddin Khan brought lathi, Majiruddin Khan handed over the bhala to Nasiruddin Khan and went back home to bring another bhala. Lajim Khan also brought a lathi from his home. Thereafter, informant's brothers Salam Khan, Farman Khan and Kalam Khan all sons of Munshi Khan appeared there and asked the accused-persons not to indulge in assault. In the meantime, informant's brother Kalam Khan was subjected to assault with bhala by Nasiruddin Khan hitting him on the right temporal region. Subsequently, Nasiruddin Khan stood there with bhala in his hand and Sadruddin Khan, Qayamuddin Khan and Lajim Khan assaulted Kalam Khan, Salam Khan and Farman Khan as also Munshi Khan. When the villagers gathered, the accused-persons made good their escape. The injured Kalam was brought to the hospital, where the informant gave his fardbeyan.

(3.) The accused-appellants had their defence through their own report to the police (Ext-'A1) to the effect that on 6.10.81 itself Murtaja Khan, the Informant of this case, was fixing a plea on his (accused) Sahan land, whereupon a protest was lodged. However, the informant Murtaja Khan failed to heed to the protest and his other relations came there and indulged in assault upon Nasiruddin Khan. He was also subjected to assault by Salam Khan and Munshi Khan by lathi. Kalam Khan had assaulted Nasiruddin Khan with bhala.