ROJID MIAN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant Nos. 1 to 5, namely, Rojid Mian, Kalam Mian, Saheb Mian @ Saheb Hussain, Mohammad Nabi Rasul @ Nabi Rasul @ Mohammad Rasul and Bilau Mian @ Bikau Mian have been convicted under Sections 147 and 323 Indian Penal Code and sentenced to under go rigorous imprisonment for four months under each count, whereas, Appellant No.6, Sultan Ahmad, has been convicted under Sections 148 and 324 Indian Penal Code and sentenced to undergo rigorous imprisonment for six months under each count by judgment and order dated 29.11.2001 passed by the 1st Adhoc Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No.1, Siwan, in Sessions Trial No.256 of 1989/ 35 of 2001.

(2.) The case of the prosecution is that on 15.07.1988, the accused persons came upon the land of the Informant and for the reasons of land dispute assaulted him and his family members on account of which they were injured. It appears that for the same occurrence counter version was stated by the accused persons which went in trial.

(3.) During trial of the present case, four witnesses were examined i.e. PW 1, Mohiuddin Khan, PW 2, Mohammad Raja, PW 3, Raj Mohammad and PW 4, Mohammad Raja. It appears that PW 2 and PW 4 are one and same person and injured in the occurrence. It appears that occurrence took place on account of land dispute and in assertion of civil rights that the accused persons allegedly assaulted the prosecution party. However, the prosecution denied the factum of the counter version which was proved by the documents brought by the accused persons. Evidently, the prosecution has not brought forth the real version before the Court.