SK SAFAYAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Shekh Gayasuddin has been convicted u/s. 323 of the Indian Penal Code and was sentenced to pay a fine of Rs. 500.00 in default R.I. for six months for causing hurt to Sk. Attiullah, Sk. Abdul Gaffar, Sk. Saheb Hussain and Noor Jahan Khatoon. Appellant Shekh Gaffar was also convicted u/s. 323 of the Indian Penal Code and was sentenced to pay a fine of Rs. 500.00 in default, R.I. for six months for causing hurt to Sk. Attiullah, Sk. Abdul Gaffar, Sk. Saheb Hussain and Noor Jahan Khatoon. Appellant Shekh Safayat was convicted u/s. 324 of the Indian Penal Code and was sentenced to pay a fine of Rs. 1000.00 in default R.I. for one year for causing injury to Sk. Attiullah and Sk. Saheb Hussain. The appellant Shekh Anwar was also convicted u/s. 324 of the Indian Penal Code and was sentenced to pay a fine of Rs. 1000.00 in default R.I. for one year for causing hurt to Sk. Attiullah, Sk. Gaffar and Saheb Hussain. The appellant Shekh Rawayat was convicted u/s. 324 of the Indian Penal Code and was sentenced to pay a fine of Rs. 1000.00 in default R.I. for one year for causing hurt to Sk. Abdul Gaffar.

(2.) The prosecution case, in short, is that on 15.8.1986 in the morning at 7 O'clock all the appellants armed with farsa, garasa, bhala and lathi came at the darwaja of Sk. Atiullah and thereafter Sk. Safayat ed to kill him. Thereupon the accused Sk. Saheb Hussain gave farsa blow on his head. Sk. Gayasuddin, Sk. Anwar, Sk. Gaffar fractured the leg of Sk. Saheb Hussain. It has further been stated that Sk. Abdul Gaffar, Sk. Atiullah, Sk. Safayat, Sk. Gayasuddin, Sk. Anwar, Sk. Rawayat, Sk. Gaffar also assaulted with bhala, garasa, lathi on the head of informant Abdul Gaffar and P.W. 1 Atiullah and thereafter Sk. Safayat and Sk. Anwar came armed with Nalkatti gun and threatened if you will go to THANA then you will be shot dead. The villagers came and saved them. It has been stated that the occurrence took place at his darwaja and the appellants entered into their house and assaulted them. Further on the written report of the informant Sk. Abdul Gaffar First Information Report was lodged at 8.45 A.M. After completion of investigation charge-sheet was submitted against the accused persons. Accordingly, cognizance was taken and case was committed to the Court of Sessions.

(3.) The appellants pleaded not guilty and have stated that they have falsely been implicated in this case due to land dispute.