ABDULLAH QUERESHI AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.04.2002, passed by Shri Shyam Nandan Prasad Verma, learned Adhoc District and Sessions Judge, Fast Track Court -I, Saran, Chapra in Sessions Trial No. 366 of 1988, by which he has convicted appellant Abdullah Qureshi under Section 316 and 323 Indian Penal Code and convicted appellant Khalid Qureshi under Section 323 and 448 Indian Penal Code and acquitted the appellants of the charge under Section 379 Indian Penal Code and sentenced the appellant Abdullah Qureshi to undergo R.I. for seven years under Section 316 Indian Penal Code and no separate sentence was passed under Section 323 Indian Penal Code and also sentenced appellant Khalid Qureshi, R.I. for six months under Section 323 Indian Penal Code and R.I. for six months under Section 448 Indian Penal Code and directed that both sentences shall run concurrently.

(2.) Prosecution story as per fardbeyan of Roshan Ara (P.W. 5), wife of Ali Ahmad Qureshi, recorded by Sub Inspector, Ranbir Singh on 03.03.1988 at 12.30 P.M. at Sadar Hospital, Maternity Ward, wherein, she has stated that at about 9.A.M. her son, Noor Alam, aged about 8 years playing along with Firoj, aged about 8 years, son of appellant, Abdullah Qureshi in front of her house, a quarrel took place on which her son was chased by the Khalid Qureshi@ Maina (appellant No. 2) and out of fear, Noor Alam ran to her, followed by Khalid Qureshi, holding a hockey stick in his hand. It is also stated that Khalid Qureshi entered into her room and started abusing her, on being objected to by her, Khalid Qureshi dragged out of her house and brought her in the galli and started assaulting her by hockey stick on her back. It is also her case that in the meantime, his father, Abdullah Qureshi, appellant No. 1, also came there, armed with hockey stick and he too started assaulting her. Further prosecution case is that Khalid Qureshi assaulted her on her back multiple times, upon which, she fell down on the ground and she started crying, thereafter, Abdullah Qureshi gave hockey stick blow to her on left elbow and abdomen. It is also her case that at that time, she was carrying a pregnancy of six months and due to blow of hockey stick on her abdomen, she started bleeding and in that condition Khalid Qureshi took out her golden chain from her neck and on hulla, her Dewar (brother-in-law) Mohammad Qureshi, Son of Gaffar Qureshi and Mumtaz Ali, Ayub, Mohammad Sahabuddin and others reached the at place of occurrence and she was brought to Sadar Hospital, Chapra on a rickshaw, where her treatment was going on.

(3.) On the basis of the aforesaid, fardbeyan formal F.I.R. was lodged and after investigation police submitted charge-sheet against the accused-appellants, cognizance was taken up and, thereafter, the case was committed to the court of Sessions.