AFTAB ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for the accused-respondent nos. 2 to 6.

(2.) The present appeal against acquittal has been filed against the judgment dtd. 6/12/2021 passed by learned 1st Additional Sessions Judge, Bagha (West Champaran) in Sessions Trial No. 725 of 2013 (Registration No. 4686 of 2014) arising out of Ram Nagar P.S. Case No. 352 of 2011 whereby and whereunder the accused-Respondent No. 2 to 6 were convicted under Ss. 448/34 and 323/34 of the Indian Penal Code (in short 'IPC'). Safroz Sai, accused-respondent no.6 was also convicted under Sec. 324 IPC and Ziaul Haque Sai, accused- respondent no. 5 was convicted under Sec. 325 IPC. All the accused - respondent nos. 2 to 6 were acquitted of the charges under Ss. 307, 379, 341, 504 read with Sec. 34 IPC and they all have been given the benefit of Probation of Offenders Act. Prosecution Case

(3.) The prosecution case is based on the written application of Md. Safi (PW-1). In his written application (Exhibit '1'), he has stated that on 18/12/2011 (Sunday) at 12:00 PM Afroz Sai (respondent no. 2) was throwing cow dung on his land in front of his door to which his wife, namely, Arjun Nesha told Afroz Sai not to do so but Afroz Sai started abusing her and on his call his brothers Firoz Sai, Kamrod Sai (respondent no. 3), Safroz Sai (respondent no. 6) and Ziaul Haq Sai (respondent no. 5), Naushad Sai (respondent no. 4) armed with 'bakhua' and 'danda' formed an unlawful assembly and all of them, with an intention to kill his wife ran towards her, she also ran towards her house and entered into the house. Thereafter, the accused persons entered into her house and started assaulting her. Ziaul Haq assaulted on her hip with 'danda' and Firoz Sai assaulted on her head with 'bakhua as a result of which she fell down. When the informant and his grand son Shoib came to save her, Naushad Sai took Rs.1000.00 from Shoib and also assaulted him. On hulla, when people came, the accused persons fled away. Thereafter, the informant took his wife to the hospital for treatment.