AZHAR HOSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner / informant has challenged the judgment dated 15.03.2010 passed by Additional Sessions Judge, FTC-II, Banka in Cr. Appeal No.15 of 2002 as well as Cr. Appeal No.2 of 2002 whereby and whereunder acquitted Opposite Party No.4 Abdur Rahman, Opposite Party No.5 Md. Salauddin while converted the conviction of Abdul Gani, Md. Badruzama under Section 324 of the Cr.P.C. and released them in terms of Section 4 of Probation of Offenders Act directing them to execute bond of Rs.5000/- with two sureties which was effective for a year during midst thereof directed to maintain piece and good behaviour. At the present juncture it is worth mention to note that vide judgment dated 05.01.2002 passed by Second Assistant Sessions Judge, Banka in Sessions Trial No.165 of 1993 the learned trial court had convicted accused Badruzama as well as Abdul Gani for an offence punishable under Section 3/4 of the Explosive Substance Act as well as under Section 307/34 of the IPC and sentenced each of them to undergo R.I. for five years as well as also fined Rs.1000/- independently in default thereof to undergo R.I. for two months additionally under both count while Abdur Rahman and Md. Salauddin independently were convicted under Section 307/34 of the IPC and each of them were directed to undergo R.I. for five years as well as also slapped with fine appertaining to Rs.1000/- in default thereof to undergo R.I. for two months additionally with a further direction to run the sentences concurrently.

(2.) Md. Azhar Hossain (PW-8) filed written report on 05.08.1981 at about 01:00 P.M. alleging inter alia that on the same day at about 09:00 A.M. he had gone to see his field which was being ploughed. While he was standing there Sk. Rahman and his brother-in-law Salauddin came out from his house, abused and then brick batted causing injury over eyebrow as well as back. He rushed there from towards his house and reached near a shop, where his younger brother Naimuddin was sitting with whom he proceeded towards his house. During midst of way Badruzama and Abdul Gani came running towards Rahman's Darwaja followed by Rahman and Salauddin and of the instigation of Rahman, Badruzama hurled bomb which struck over wall of Ibrahim, exploded causing injury to him. Abdul Gani threw another bomb which fell down on road and exploded causing injury to his brother Naimuddin. Md. Abbas was shown as a witness of first incident while Md. Kalimuddin, Md. Safik and Md. Sultan were cited witness of second incident.

(3.) On the basis of aforesaid, written report Dhoraiya P.S. Case No.65 of 1981 was registered whereupon the investigation commenced and concluded by way of submission of charge sheet. The trial commenced and concluded in a manner as disclosed above. The finding of the trial was altered by the appellate court in a manner as indicated above which happens to be the subject matter of instant revision of the instance of informant.