CHAND MOHAMMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 8.6.2000 and order of sentence dated 9.6.2000 passed by the Additional Sessions Judge-IV, Saran, Chapra, in Sessions Trial No.99 of 1993, whereby the appellants have been found guilty for the offence under Sections 324/34 of the Indian Penal Code and the appellant no.3, Ataullah Mian alias Ataullah Ansari and the appellant no.5, Ekbal Mian alias Ekbal Ahmad, have been sentenced to undergo rigorous imprisonment for one year whereas the appellant no.1, Chand Mohammad, appellant no.2, Shakil Ahmad and appellant no.4, Abul Wahab Ansari, have been directed to be released on their furnishing probation bond of Rs.5000/-(five thousand) each with two sureties of the like amount each for a period of two years with an undertaking to be of good behaviour and to maintain peace.

(2.) On the basis of the fardbeyan of the informant, Nashim Ansari (P.W.3) as recorded at Nagra outpost on 31.5.1989 at 9 A.M., Chhapra Mufassil (Khaira) P.S. Case No.205 of 1989 was instituted under Sections 341, 324, 323 and 307/34 of the Indian Penal Code against the accused-appellants. The informant, Nashim Ansari (P.W.3), gave his fardbeyan to the effect that on 31.5.1989 at about 8.30 A.M., he alongwith his brother, Ashif Ali (P.W.2), was going to his shop situated at Nagra Bazar. When he reached near the bridge of Gandak Canal, he saw that his villagers, the accused-appellants, Ataullah Mian, Ekbal Mian, Wahab Mian, Chand Mohammad Mian and Shakil Ahmad, were sitting under the bridge. Out of them, accused, Ekbal Mian, was armed with farsa and the accused, Ataullah Mian, was armed with dagger. All the accused-appellants surrounded the informant, Nashim Ansari (P.W.3) and his brother, Ashif Ali (P.W.2) by abusing them. The accused, Chand Mohammad Mian, and the accused, Wahab Mian, caught hold of his both forearms. The accused, Shakil Ahmad, in abusive language ordered to kill and throw dead bodies in the canal. On which the accused, Ekbal Mian, with an intention to kill gave a farsa blow on his head causing injury to him and he fell down. Thereafter, the accused, Ataullah Mian, gave a dagger blow on the neck of his brother, Ashif Ali. However, he tried to save himself but received injury on his chin and he fell down. Thereafter all the accused-appellants assaulted him and his brother by means of legs, fists and slaps. The motive behind the occurrence is said to be the criminal case pending in between the informant and the accused-appellants.

(3.) The police on investigation submitted the chargesheet under Sections 341, 323, 324 and 307/34 of the Indian Penal Code. Thereafter the cognizance of the offence was taken in the case against the accused-appellants and the case was committed to the court of sessions for trial, where charges under Sections 307/34 of the Indian Penal Code was explained to the accused-appellants, who pleaded not guilty and claimed to be tried.