(1.) This appeal has been preferred against the judgment dated 15.5.1992 and the order dated 19.5.1992 passed in Sessions Trial No. 151 of 1990 by Sri Chiranji Singh 4th Additional Sessions Judge, Saran, whereby he has been pleased to convict appellants Rustam Mian, Ainul Mian, Aslam Mian and Lukman Mian under Sections 148 and 324 of the Indian Penal Code and appellant Zahir Mian under Sections 147 & 323 of the Indian Penal Code. Appellant Rustam Mian was sentenced to undergo R.I. for two years and to pay fine of rupees one thousand and in default thereof to undergo further R.I. for three months for the offence under Section 324 of the Indian Penal Code. Accused Aslam Mian, Ainul Mian and Lukman Mian were sentenced to undergo R.I. for one year for the offence punishable under Section 324 of the Indian Penal Code. Accused Aslam Mian, Ainul Mian, Lukman Mian and Rustam Mian were sentenced to undergo R.I. for a period of one year for the offence under Section 148 of the Indian Penal Code. Accused Zahir Mian was sentenced to undergo R.I. for a period of one year for the offence under Section 147 of the Indian Penal Code and R.I. for six months under Section 323 of the Indian Penal Code. The learned Additional Sessions Judge further ordered that all the sentences shall run concurrently. He has further ordered that out of the alleged fine to be realised from the accused rupees eight hundred will be paid to the first informant Husnain Khan by way of compensation.
(2.) The brief facts of the case is as follows : On 1.11.89 about 16.45 hrs. A.S.I. Abdul Qayyum Khan of Masrak P.S. recorded the fardbeyan of Husnain Khan (PW 4), resident of village Sikte Bhikham P.S. Masrak District-Saran at Masrak Hospital, wherein, the said Husnain Khan (PW 4) stated that on the same day at about 12.30 p.m. his co-villager Sale Imam Khan and Zahir Mian were quarreling among themselves. The bone of contention was a Sisam tree. On hearing halla, the informant came out of his house and went to the place of occurrence for pacifying both the parties. When the informant reached the P.O., he saw Aslam Mian Ainul Mian, Lukman Mian, Rustam Mian and Zahir Mian standing there with lathi, farsa, bhala etc. On reaching there, the informant advised them not to quarrel, whereupon, appellant Zahir Mian gave order to kill him. On the order of Zahir Mian, Rustam Mian attacked him with Farsa. The informant tried to ward off the attack and in process he received farsa injury on his left elbow. Then Ainul Mian, who was also armed with farsa inflicted farsa blow to the informant on his left hand's wrist. Then, Rustam Mian again attacked him with farsa causing farsa injury on his head. Being injured, the informant fell down and then Lukman Mian attacked him with bhala causing injury on his right palm and, thereafter, Aslam Mian gave one farsa blow to the informant on his head. It is further said that appellant Zahir Mian assaulted the informant with lathi on his back and waist. Seeing the occurrence, Noor Hasan Khan (PW 3) came to rescue the informant, whereupon, co-accused Ainul Mian assaulted him with farsa causing injury on his head. During the occurrence, several persons including Taslim Khan and Jahangir Khan reached the P.O. and witnessed the occurrence and saved the informant. It is further stated that after the occurrence the informant was taken to hospital for treatment.
(3.) On the basis of the above fardbeyan of the informant, Masrak P.S. Case No. 165 of 1989, dated 1.11.89 under Sections 147,148, 149, 323,324, 307 of the Indian Penal Code was instituted and the investigation of the case was handed over to A.S.I. Abdul Qayyum Khan, who investigated the case and submitted chargesheet against the appellants.