JALIM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , Jalim Mian, Shakur Mian, Jahoor Mian, Bujhawan Mian, Bulla Mian, Nathuni Mian, Maksud Mian, Serajul Mian, Ali Raja Mian, Bhannu Mian, Rashul Mian, Bhola Mian and Shamshul Mian have been found guilty for an offence punishable under Sections 307/149 IPC and each of them has been directed to undergo RI for 10 years, fined of Rs. 1000/ - in default thereof, to undergo for six months, under Section 147 of the IPC and sentence to undergo RI for a year, under Section 323 IPC and sentence to undergo RI for six months, Rashul Mian under Section 307 IPC and directed to undergo RI for 10 years, under Section 148 IPC and directed to undergo RI for two years, Shakur Mian under Section 307 IPC, and directed to undergo RI for 10 years, fined of Rs. 1000/ - in default thereof, to undergo RI for six months vide judgment of conviction and sentence dated 25.07.2002 passed by Additional Sessions Judge -FTC - 5, East Champaran at Motihari in Sessions Trial No. 235/1988/198/2002, have preferred the instant appeal challenging the same.

(2.) RAGHUNATH Prasad (PW 7) filed a written report on 18.11.1985 disclosing therein that on the same day at about 11:00 a.m., Jalim Mian along with 15 -20 persons, variously armed raided his land bearing Khata No. 132, Khesra No. 984 wherein plants of brinjal were sown. For the purpose of construction of a hut they uprooted the brinjal plants and started work to erect the hut which was protested by his son, Ajay Kumar as case was going on in between the parties relating to the aforesaid land. The accused persons did not pay heed to, rather scolded him and further, they assaulted with lathi, bhala. They have also snatched away golden chain as well as Rs.250/ - . Then he detailed the names of accused persons as well as witnesses.

(3.) ON the basis of the aforesaid written report, Ramgadhwa P.S. Case No. 97/1985 was registered under Sections 147, 148, 323, 324, 325, 307 and 307/149 IPC and investigation commenced and after concluding the same, charge -sheet was submitted under Sections 147, 148, 323, 324, and 325 IPC and accordingly, trial commenced however, invoking provision of 323 of the Cr.P.C, the case was committed after examination of four PWs and accordingly, appellants were re -charged by the court of sessions and faced trial meeting with ultimate result, the subject matter of instant appeal.