SAIDUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Saidur Rahman has been found guilty under Section 148 and 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and two years respectively, appellants 2 and 3, namely, Md. Ekhalaque Ahmad and Shabib Alam have been found guilty under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year, whereas the other appellants have been found guilty under Sections 147 and 323 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for six months for each offences by the

(2.) ND Additional Sessions Judge, Katihar in Sessions Trial No. 228 of 1991. 2. On the basis of the fardbayan of one Manzoor Alam, a case was instituted against the appellants for a dispute with respect to cutting of the jackfruits from the tree, which was, according to the informant, on the lands allocated to him in the family partition. It is alleged that Saidur Rahman armed with a dabia aimed at the neck of the informant, which cut the upper eye-lid of the informant. It is also alleged that the other accused persons gave him lathi blows.

(3.) PW 4 Abdul Majid was having a cup of tea at a tea stall at the time of the occurrence. He admits that when he came to the place of occurrence, the accused persons were not present there. According to this witness, he saw the vest of Saidur Rahman covered with blood. It is obvious that this witness is not telling the truth as there was no occasion of there being any blood on the vest of the injured as there is no injury on his chest. It may also be noted that this witness has stated that there was an injury on the hand of Saidur Rahman before the Investigating Officer, which is belied by the injury report. It is obvious that this Court cannot rely on the evidence of this witness for the purpose of supporting the manner of occurrence, or for that matter, the involvement of the accused persons.