MD. ALAM AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) The three appellants have been found guilty under Sections 307/34 of the Indian Penal Code by the 2nd Additional Sessions Judge, Simamarhi in Sessions Trial No. 95 of 1993/110 of 2000. They have been sentenced to undergo R.I. for seven years for the aforesaid sections, in addition to which they have also been sentenced to undergo R.I. for one month under Section 379 of the Indian Penal Code. It was ordered that both the sentences shall run concurrently. The appellants have been acquitted of the charge under Sections of the Explosive Substance Act.

(2.) Anwarul Haque gave his Fardbeyan on 28.4.1991 at 7 p.m. at the hospital. In his Fardbeyan he has stated that there is a piece of land which belongs to Izharul which has a bamboo clumps.

(3.) All the injured persons were examined at the hospital, the injury report is marked as Ext. 5 series. The doctor has not been examined and has not proved the injuries. Ext. 5 series indicate that the injuries were simple in nature. It would be pertinent to mention that during the trial a compromise petition had been filed signed by the informant and some others which perhaps had not been accepted by the Court below. During the trial, P.W. 1, Ainul, P.W. 3, Abdul Hai, P.W. 5, Azmati Khatoon and P.W. 7, the informant who were supposedly injured in the occurrence have been declared hostile.