MD.KASIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Nafisuzoha, learned counsel for the appellant and Mr. S.A. Ahmad, learned A.P.P for the State.

(2.) The present appeal has been filed against the judgment of conviction and order of sentence dtd. 18/11/2006 passed by learned Additional Sessions Judge, F.T.C-VI, Saharsa in connection with Sessions Trial Nos. 288 of 2002, arising out of Saharsa P.S. Case No. 338 of 2001, whereby and whereunder the appellant Md. Kasim was found guilty for the offence under Sec. 326 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of one year and six months and to pay a fine of Rs.1000.00 and in default of payment of fine, the appellant was further directed to undergo a simple imprisonment for a period of four months.

(3.) The prosecution case as per the fardbeyan (Ext-1) of the informant Md. Irfan (P.W. 6) recorded at the emergency ward of Saharsa Sadar Hospital on 8/12/2001 at 9:30 A.M. is that at about 7:30 A.M on the same very day, while the informant was placing wooden beans, all the F.I.R named accused including the appellant variously armed came there and they forbade him and when the informant and his nephew made protest, the appellant Md. Kasim assaulted with Farsa on the head of the informant, as a result of which, he sustained head injuries, became unconscious and fell on the ground. Thereafter, all the F.I.R named accused persons assaulted him with lathi, danda. The accused persons also assaulted father of the informant namely Md. Usman and his cousin brother Md. Unus.