FIDA HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Fida Hussain, Md. Ainul, Md. Hadish, Md. Vazir, Md. Sultan and Md. Ali Hussain who have been found guilty for an offence punishable under Section 307/149 of the IPC and each one has been directed to undergo R.I. for 10 years as well as slapped with fine appertaining to Rs.10,000/ - in default thereof to undergo S.I. for 2 years and six months by Ad -hoc Additional Sessions Judge, IInd, Muzaffarpur vide judgment of conviction and sentence dated 03 -10 -2013 in Sessions Trial No.14 of 2008 / 90 of 2013 have preferred instant appeal.

(2.) PW -6, Md. Saiyed Rayaz Alam gave his fardbeyan on 02 -10 -2006 at about 02:30 P.M. while he was admitted at Emergency Ward of S.K.M.C.H., Muzaffarpur alleging inter alia that on the same day at about 01:00 P.M. while he along with Allauddin (PW -3) and Makbool (PW -4) were engaged in erecting boun dary wall with the help of mason over his land bearing Khesra No.270, 271 appertaining to Khata No.5, Area 6 decimal lying at village -Muradpur Dullah, all on a sudden his neighbours Fida Hussain, Md. Ali Hussain, Md. Sultan, Md. Vazir, Md. Hadish who happe ns to be brother -in -law of Fida Hussain , Md. Ainul Haque armed variously came at his land and began to abuse followed with assault over him as well as his associate. On hue and cry so many persons of the surrounding came in their rescue. During midst thereof, Sultan, Vazir and Ali Hussain have gone to their house and all of them returned back having acid in mug and then threw it over informant, Makbool and Allauddin on account of which their cloth as well as body received burn. Fida Hussain also gave Chura blow over right leg of Ramanand Sah who had come to intervene and got the matter pacified. Anil Jha, Md. Idrish, Jamila Khatoon along with others were cited as an eyewitness and with the help thereof, injured were lifted to hospital for treatment.

(3.) THE defence case as is evident from mode of cross -examination as well as from the statement of the appellant / accused so recorded under Section 313 of the Cr.P.C. is of complete denial of occurrence. It has further been asserted that on the alleged date and time of occurrence, the prosecution party intrud ed upon land of appellants and after dismantling the latrine as well as other structure, forcibly tried to erect wall which was prevented by them and during course thereof, the prosecution party brutally assaulted the inmates of the house for which on the fardbeyan of Md. Ali, Ahiyapur P.S. Case No. 342 /2006 (Ext. -D) was registered. In support of defence apart from examination of one DW , series of documents have been exhibited on their behalf.