MD ISMAIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have filed this appeal against the judgment and order of conviction and sentence dated 16 -9 -1995 passed by the Additional Sessions Judge, I, Saharsa in Sessions Case No. 19 of 1987, whereby the learned Additional Sessions Judge has convicted the appellant Md. Ismail, Md. Ushman, Ali Hussain and Kari under Sections 302/34, I.P.C. and 323, I.P.C. and sentenced them to undergo R.I. for life under Section 302/34, I.P.C. and to undergo R.I. for six months under Section 323, I.P.C. Appellant Md. Ismail has also been convicted under Section 148, I.P.C. and sentenced to undergo R.I. for one year under the same. Appellants Md. Ushman, Ali Hussain and Kari have also been convicted under Section 147, I.P.C. but no separate sentence has been passed for the offence under Section 147, I.P.C The sentences are to run concurrently.

(2.) In short, the case of the prosecution, according to the fardbeyan of the informant Raja Ram Ram is that on 20 -5 -1986 at about 5 p.m. the informant Raja Ram Ram was at his house and he was putting Tati along with his father Mahabir Ram and in the meantime, accused Ismail, Yunus, Ushman, Kari and Ali Hussain came there and protested to the putting of the Tati. The father of the informant told the accused -personss that the land belonged to Shatrughan Yadav and he has inhabited them on the land. Then, there was altercation and Ismail assaulted Mahabir Ram with Chhura on his head and other accused -personss assaulted him (father of the informant) with lathias a result of which he fell down. Accused Ali Hussain gave a lathi blow on the leg of the informant. The fardbeyan (Ext. 3) of the Informant Raja Ram Ram was recorded by S.I. D.N. Oraon on the same day, i.e., 20 -5 -1986 at 11 -45 p.m. at Sour Bazar hospital. On the basis of the fardbeyan the formal F.I.R. (Ext. 4) was drawn in this case. As a result of the assault, Mahabir Ram died. After investigation police submitted charge -sheet against the accused -personss. The learned C.J.M. took cognizance of the case and committed it to the Court of Sessions for trial. During the trial accused Md. Yunus died and the trial proceeded against the four accused -personss who are appellants in this appeal.

(3.) The defence of the accused -personss, according to the trend of cross -examination of the prosecution witnesses and according to the statement of the accused -personss under Section 313, Cr.P.C. is that they have been falsely implicated in this case.