HASHIM NADAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants No.1, 2 and 3 have been convicted under Section 324 I.P.C. and sentenced to R.I. for one year whereas the Appellants No.4 to 8 have been convicted under Section 323 I.P.C. and sentenced to R.I. for six months and all the Appellants have further been convicted under Section 148 I.P.C. and sentenced to R.I. for six months by a judgment dated 23.9.2000 passed by the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No.391 of 1994.

(2.) THE case of the prosecution according to the Informant Hafizul Nadaf is that while he and his cousin, aged about 10 years, were grazing the she -buffalo and singing a song in the adjacent field, the daughter of Raj Mohammad Nadaf was harvesting paddy, who complained to her father in the evening that Nanhe used to sing song after seeing her. On enquiry by the villagers and other persons the complaint was found untrue. On the same issue on 7.12.1992 all the accused persons variously armed assaulted the Informant and caused serious injuries. When his father attempted to intervene, he was also assaulted by the accused persons. The Appellants were put on trial under Section 307 I.P.C. but convicted as mentioned above.

(3.) NEITHER the Investigating Officer nor the doctor has been examined on behalf of the prosecution which has definitely prejudiced the Appellants. However, from the evidence of the eye witnesses i.e. the Informant Md. Hafizul Nadaf (P.W.5), his father Md. Subhan Ali (P.W.7) and independent witnesses P.W.1 Shiva Shankar Paswan, P.W.3 Amirul Nadaf and P.W.6 Ram Bilas Lal, I find that there is consistent evidence with regard to the manner of assault.