GAFOOR MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though the prosecution was launched only against Gafoor Mian, Khurshid Mian and Kalamul Mian, the Police on the investigation, laid charge-sheet before the Court also against Tajamul Mian, and Mahludan Khatoon. During pendency of trial, cases of Tajamul and Mahludan were, however, split up from the appellants.

(2.) The factual matrix - The prosecution was launched on behest of Abdul Rahim (P.W. 6) on accusation that on 17/10/1987 while Jatulan was draining rain water that had collected in the courtyard of her house, there was quarrel with Mahludan and Tajamul. The dispute was, however, resolved due to intervention of Abdul Rahim (P.W. 6), who on getting the matter pacified, went to mosque to offer his evening prayer, and it was alleged that after the said Abdul Rahim was coming back from the mosque in the company of Md. Ainul (P.W. 1) after evening prayer, Khurshid and Kalamul Mian came to him, who exhorted their associates. It was alleged that on their exhortation. Abdul Gafoor, Khurshid Mian and Kalamul Mian caught hold of him. Abdul Gafoor hurled garasi blow on his neck though the aim was lost, and Abdul Rahim, however, suffered injuries on his right shoulder joint. Though the blow was repeated, but it is alleged that Md. Ainul caught the hands of the assailant and so the blow did not materialise. It is alleged that the assailant along with Kalamul Mian and Khurshid went to the roof of the house of Gafoor Mian from where they pelted brick bats causing injuries to Hasmullah Mian. After the Police was set in motion with these accusations, investigation commenced and during investigation, Police recorded statement of witnesses, visited the place of occurrence, got the injured clinically examined by the doctor and on conclusion of investigation, laid charge- sheet before the Court against five persons of whom, trial commenced only against three persons, the trial of two having been split up by the trial Court.

(3.) Charges were framed against Md. Gafoor and Kalamul Mian under Sections 307/337 of the Indian Penal Code (IPC), while Mahludan Khatoon was charged only under Section 352, IPC. In the eventual trial, the State examined altogether seven witnesses, which include injured, other persons who claimed to be ocular witnesses of the incident, the doctor, who clinically examined Abdul Rahim and Hasmullah, and also the Police Officer, who carried out investigation of the case. The defence too examined two witnesses including one formal and the other being Dr. Ramesh Mishra (D.W. 2). The defence of the appellants before the trial Court and also this Court had been plain denial of entire allegations and they ascribed their false implication due to animosity persisting with the witnesses, and the trial Court on meticulous appreciation of the evidence placed on the record, negativing contentions raised at the Bar on behalf of the appellants while acquitted Mahludan of the charges, giving her benefit of doubt, did not find Gafoor Mian and Kalamul Mian also guilty under Section 307, IPC. However, the trial Court convicted Md. Gafoor and Kalamul guilty under Section 337, IPC and sentenced them to pay a fine of Rs. 100.00 and in default, to suffer simple imprisonment for a term of one month. The trial Court also rendered verdict of guilt against Gafoor Mian finding him guilty under Section 324, IPC and sentenced him to rigorous imprisonment for a term of one year and also to pay a fine of Rs. 1000.00, in default of which, to suffer rigorous imprisonment for a term of six months.