MOHAMMED ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) Three appeals have heard together and disposed of by the common judgment as three appeals arising out of same judgment and order dated 25th March, 1998, passed by Shri Mohammed Ali Additional Sessions Judge II, Khagaria, in Sessions Case No. 164 of 1994, by which he has convicted Md. Karu the appellant in Cr. Appeal No. 136 of 1998 for offence under Section 304 Part II I.P.C. and sentenced to undergo rigorous imprisonment for ten years and further convicted for offence under Section 147 I.P.C. and sentenced to undergo rigorous imprisonment for six months. The appellant, Md. Sarfaraz in Cr. Appeal No. 122 of 1998 has been convicted for offence under Section 304 Part II I.P.C. and sentenced to undergo rigorous imprisonment for ten years and further convicted for offence under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for six months. The appellants of Cr. Appeal No. 158 of 1998 have been convicted for offence under Section 147 I.P.C. and sentenced to undergo rigorous imprisonment for six months.

(3.) The prosecution case as alleged that deceased Parvez Khan was in his Sasural and he used to cut jokes with the family members of the villagers as his sasural was there in the village. The occurrence took place for the reason that he cut jokes with the wife of Kitabul. It is alleged that on 17. 12. 1993, 4.45 P.M., the informant who is brother-in-law of Parvez Khan were returning after taking tea at the shop of Irshad and arrived at place of occurrence then Md. Sarfaraz armed with Gupti and other appellants armed with lathi raised hulla to assault. The appellants surrounded the deceased and informant and then Md. Karu Khan assaulted with lathi on the head of Parvez, Parvez fell down thereafter accused Sarfaraz pierced Gupti on the neck of Parvez Khan. The informant raised hulla then Md. Karu Khan assaulted the informant on his head and in the meantime villager rushed to the P.O. then accused persons flee away.