TASLIM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the Appellants have been convicted under Section 436, 380, 147 I.P.C. and sentenced to rigorous imprisonment for 3 years, 2 years and 1 year respectively and in addition Appellant Nos. 1 and 3 have been convicted under Section 324 I.P.C. and sentenced to 2 years rigorous imprisonment whereas rest of the Appellants have been convicted under Section 323 I.P.C. and sentenced to 6 months rigorous imprisonment by the learned Ist Additional Sessions Judge, Sitamarhi in Sessions Trial No. 127/88 by the judgment dated 21.6.1995.

(2.) The prosecution case is that on 5.11.1985 an altercation arose between the parties where after the accused persons came in a mob of about 20 persons variously armed and assaulted the prosecution and also set fire on the shop of Jamadar Singh.

(3.) The defence of the Appellants was that this case was in fact a counter blast of a case instituted earlier vide Riga P.S. Case No. 132/85.