JANUL AVEDIN @ SK. JAINUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) THIS criminal appeal has been preferred against the judgment of conviction dated 23.05.2001 and sentence order dated 24.05.2001 passed by Sri Mazhar Imam, 2nd Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 253 of 1992 by which and whereunder he convicted the appellants no. 1 and 2 for the offences punishable under Sections 307/149 of the Indian Penal Code and appellants no. 3 and 4 for the offence punishable under Section 307 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years under the above stated sections respectively.

(3.) GAVE iron rod blow on his head with intent to kill him as a result of which he sustained injury on his head and became unconscious. He was taken to hospital and he regained his consciousness in hospital on 08.01.1992 and after that he gave his ferdbeyan which is Exhibit-1. 4. On the basis of above stated ferdbeyan of P.W.3, Bairiya P.S. Case No. 04 of 1992 under Sections 147, 148, 323, 307 and 341 of the Indian Penal Code was registered and accordingly, on 09.01.1992 formal first information report for the aforesaid offences was drawn against the appellants and first information report named accused, Sheikh Abdul Karim. The formal first information report is Exhibit-2. The matter was investigated by the Investigating Officer and after completion of investigation, Investigating Officer submitted charge sheet under Sections 147, 148, 323, 307, 341 of the Indian Penal Code against the appellants and one accused, namely, Sheikh Abdul Karim, who died during pendency of the trial and accordingly, proceeding against him was dropped vide order dated 24.01.1997. On being receipt of the charge sheet, cognizance of the offences was taken and the case was committed to the court of sessions, in usual way.