ISLAMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed under Section 378(4) of the Code of Criminal Procedure in pursuance of the leave granted by this Court on 18.4.2002 in S.L.A. No. 68 of 2001.

(2.) The appeal is directed against the judgment and order dated 2.6.2001 passed by Sri Harishankar, the learned Judicial Magistrate 1 st class, Araria in Complaint Case No. C 1577/1995/ T.R. No. 814/2001, by which, the opposite party no. 2 Seikh Karu has been held guilty for the offence punishable under Sections 341 and 323 of the Indian Penal Code whereas, opposite party No. 3 Suleman, has been held guilty for the offence punishable under Section 341 of the Indian Penal Code. The learned Magistrate after hearing the parties on the question of sentence, instead of sentencing opposite party nos. 2 and 3 to any punishment released them after due admonition. By order dated 18.4.2002, this Court had granted leave to appeal against the impugned judgment and order only with regard to the question of sentence.

(3.) As per prosecution case, the appellant had filed a complaint on 24.11.1995 in the court of the learned Chief Judicial Magistrate, Araria with respect to an occurrence which is alleged to have taken place on 22.11.1995 at about 7 p.m. In the complaint, it has been alleged that when the complainant after selling cattle in Jokihat was returning to his house and when he reached near Bara Gaon mill Chowk then all accused persons surrounded him and opposite party no. 2 told Sk. Karu that he was the person who got him married against his will with Fatma. On the order of opposite party no. 2 Sk. Karu, opposite party no. 3 Suleman and Sakil (since dead) caught hold of the complainant. The complainant raised alarm, upon which, witness Fool Mohammad came. It has further been alleged that opposite party no. 2 Sk. Karu gave a dagger blow on the chest of the complainant. However, Fool Mohammad intervened, as a result of which, he sustained a cut injury at his nose. In the meantime, opposite party no.3 Suleman took away Rs. 2,500/- from the pocket of the complainant. On 23.11.1995 a panchayati was convened to resolve the dispute but, the accused persons failed to abide by the decision given by the panches.