YUNUS AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are 15 appellants in this case who have been convicted under Sections 147, 148, 149, 323, 324, 448 and 436 of the Indian Penal Code and sentenced to undergo eight years R.I. under Section 436 read with Section 149, I.P.C.

(2.) This is a case of literary no evidence. It appears that the court has convicted the appellants on the basis of the Fardbeyan. Md. Tohid Alam instituted a case in which it is stated that at about 10 A.M. in the morning the named accused persons alongwith some 30- 40 other persons came to the house of Faizul Rahman, P.W.7 looking for his daughter Sabnam. Sabnam had gone to visit her maternal grandfather. She was married to appellant no.14 and due to some dispute Sabnam had divorced appellant no.14 for which papers had been prepared. It is alleged that appellant no.7 gave a 'farsa blow on the leg of the mother of the informant, whereas appellant no.15 Abdul Hasim ordered appellant no.14 to set the informant s house on fire. It is stated that several villagers came and dowsed the fire and the FIR was instituted.

(3.) During the trial, nine witnesses have been examined. P.W.1 to P.W.4 have not supported the prosecution case in any manner whatsoever and have been declared hostile. P.W.5 Md. Tohid Alam who is the informant of this case has stated that the occurrence took place in his presence. He admitted that 'maarpit took place in his house but he does not know the persons who were responsible for inflicting injuries on his mother and others. He does not disclose the name of any of the appellants or persons involved in the occurrence. An explanation has been given in the cross-examination when P.W.5 states that he has instituted the F.I.R. on the basis of what he was told. In other words, he has shifted his stand to say that he was only a hearsay witness. P.W.6 is the wife of Faizul Rahman who has turned hostile as she does not name any of the appellants. She only states and supports the prosecution case to the extent that she has stated that some persons had done 'maarpit at her house. Faizul Rahman P.W.7 also accepts that an occurrence had taken place but has stated that he was not present at the place of occurrence and he has given the statement on the basis of what he heard from others. P.W.8 has turned hostile and has not supported the prosecution version. P.W.9 is a formal witness who has proved the F.I.R. and the signature of the I.O. recording the Fardbeyan.