S.K.USMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants, aggrieved by the judgment and order dated 18th December, 1987 passed by the 1st Additional Sessions Judge, Saharsa in Sessions Case No. 108 of 1980, have preferred this appeal.

(2.) BY the said judgment and order, all the appellants excepting appellant no. 2, Sk. Matin, and appellant no. 8, Sk. Moti, have been held guilty of offence under Sections 147, 447 and 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years for offence under Sec. 147 of the Indian Penal Code, three months for offence under Sec. 447 of the Indian Penal Code and rigorous imprisonment for life for offence under Section 302/149 of the Indian Penal Code. Appellant No. 2 Sk. Matin has been found guilty of offence under Sections 148, 447 and 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years, three months and life imprisonment respectively. Appellant no. 8 Sk. Moti besides his conviction and sentence under Sections 148 and 447 of the Indian Penal Code like appellant Sk. Matin, in addition has been held guilty of offence under Sec. 324 of the Indian Penal Code and Sec. 302 of the Indian Penal Code simplicitor and sentenced to undergo rigorous imprisonment for two years and life respectively.

(3.) IT is further alleged that on 12.11.1979 at about 10 A.M. informant, Md. Hasim, and his father Sk. Tasruddin (deceased) were sitting in the courtyard and at that time Md. Suleman came and started ploughing the Bari (Homestead land) situated east to the house of the informant. At this the informant and Sk. Tasruddin protested in presence of witnesses, namely, P.W. 10 Md. Israil, P.W. 3 Md. Jaffiruddin @ Sk. Jaffir and attempted to dissuade Sk. Suleman from ploughing the Bari. According to the prosecution, on protest made by Sk. Tasruddin, Sk. Suleman asked the accused persons to come (Aa jao re), whereupon appellant Sk. Moti having bow and arrow and appellant Sk. Matin having a bhala and other appellants armed with lathi came there. It has been further alleged that Sk. Suleman ordered for assault, whereupon appellant Sk. Moti shot arrow aiming Sk. Tasruddin which struck his left Panjara. Sustaining the injury Sk. Tasruddin fell down and became unconscious. Informant Md. Hashim then raised alarm and went towards the place of occurrence. Appellant Sk. Moti shot another arrow which struck the informant below the left knee. On the alarm raised by Md. Hashim, P.W. 2 Sk. Jaffiruddin, P.W. 8 Sk. Kari, P.W. 1 Md. Shamru and P.W. 4 Md. Kalim came there and the appellants fled away from the place of occurrence.