MANSOOR ALAM AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appellants namely Mansoor Alam, Riyasat Mian, Rameshwar Prasad have been convicted vide judgment dated 22.10.2011 for an offence punishable under Sec. 307/34 of the I.P.C. as well as Sec. 341 of the I.P.C. and each of them has been sentenced vide order dated 24.10.2011 to undergo rigorous imprisonment for five years under Sec. 307/34 of the I.P.C. as well as simple imprisonment for one month under Sec. 341 of the I.P.C. with further direction to run the sentences concurrently by the 4th Additional Sessions Judge, Gopalganj in Sessions Trial No.79/1996/216/2011.

(2.) PW-4 Kalamuddin, an injured, had given his fard-bayan at Baikunthpur State Dispensary on 28.07.1994 at about 11.00p.m., alleging inter alia that on the same day at about 8.00p.m. while he was taking meal at his Darwaja, Mansoor Alam, Riyasat Mian, Rameshwar Prasad came, began to abuse and having protest at their end, Riyasat Mian and Rameshwar Prasad caught hold while Mansoor Alam pave two Chhura blow over his back and one Chhura blow over his neck. After having escape of all these accused, villagers lifted him to hospital where he was undergoing treatment.

(3.) Having registration of Baikunthpur P. S. Case no.56 of 1994 followed with investigation. Ultimately filing of charge sheet attracting trial of appellants who vide judgment impugned being convicted and sentenced, the subject matter of instant appeal.