PHOOL MOHAMMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) NO body appears on behalf of the appellants.

(2.) MR.Shailendra Kumar Jha was appointed as amicus curiae to assist the Court. This appeal is directed against the Judgment and order dated 31st January, 2000 passed in Session Trial No.333 of 1997 by the Additional District and Sessions Judge IXth, Chapra, by which he has convicted the appellants no.4 and 5, namely,Mahboob Alam and Haider Ali respectively, under section 307 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for 7 years. Whereas appellants no.1 to 3, namely, Phool Mohammad, Imam Bakhsh and Khatib Ali @ Khatib Mian respectively, have been convicted under section 307 / 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for 7 years.

(3.) THE manner of the occurrence and assault indicates that there was no intention on behalf of the accused persons to kill Md.Idrish. Md. Idrish was beaten by five accused appellants. Two of them were armed with chura and others were armed with lathi. And there was no intervening circumstance which stopped the appellants from repeating the blow in such a manner as to cause a fatal injury to the informant. The intention of the accused persons is reflected in the manner in which injury has been caused. In this case the nature of the injuries, is simple.