ABDUL HAKIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners were put on trial for the offence under Section 341/34, 323/34, 379/34 and 324/34 of the Indian Penal Code, hereinafter referred to as the IPC. The Judicial Magistrate, 1st Class, Sadar, Motihari, by judgment dated 5th of September, 2000 passed in G.R. Case No. 1372 of 1996 (Trial No. 1107 of 2000), held them guilty for the offence under Section 324/34 and 323/34 of the IPC and sentenced them to undergo rigorous imprisonment for six months and three months respectively. However, petitioners were acquitted of the other charges.

(2.) Aggrieved by the same, they preferred Cr. Appeal No. 54/2 of 2000/2001 and the learned 1st Additional District and Sessions Judge, Motihari by judgment dated 7th of June, 2002, set aside the conviction of the petitioners under Section 324/34 of the IPC but affirmed their conviction with modification in the sentence under Section 323/34 of the IPC. The appellate Court reduced the sentenced to rigorous imprisonment for three months.

(3.) According to the prosecution, on 4-8-1996, scuffle and exchange of abuses took place between the children of the informant Asghar Ali and the petitioners and on account thereof, petitioners came to the house of the informant and assaulted him. It is alleged that when informant Asghar Ali was being assaulted, his wife Salima Khatoon came to his rescue but she was also assaulted by petitioner Abdul Hafiz. The injured were brought to the Referal Hospital, Chakia and on the basis of the statement, Chakiya P.S. Case No. 63/96 was registered. The police, after investigation, submitted charge sheet against the petitioners and ultimately, they were put on trial.