RAHMAT KHAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (S.J.) No.22 of 2015 wherein Rahmat Khan is the appellant as well as Cr. Appeal (S.J.) No.56 of 2015 wherein Bijay Kumar Yadav @ Bijay Yadav, Sanjay Yadav @ Sanjay Kumar Yadav, Dilip Yadav, Mukesh Yadav, Shankar Yadav, Ramesh Yadav, Murtaza Khan and Akhlakh Khan are the appellants arise out from the common judgment of conviction and sentence dated 11.12.2014 passed by the 2nd Additional Sessions Judge, Saharsa in Sessions Trial No.122 of 1999, convicting appellant, Rahmat Khan for an offence punishable under Section 326 of the I.P.C. and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs. 1,000/- and in default thereof, to undergo S.I. for three months, appellant Rahmat Khan further convicted along with other appellants for an offence punishable under Section 148 of the I.P.C. directing each of them to undergo R.I. for two years as well as to pay fine appertaining to Rs. 1,000/- and in default thereof, to undergo S. I. for three months, with a further direction to run the sentences concurrently so far Rahmat Khan is concerned, have been heard together and are being decided by a common judgment.

(2.) Arvind Kumar Bhagat (PW-6) filed written report on 25.12.1997 disclosing therein that Khesra No.639, Khata No.125 Area 11 Kattha lying at Saur Bazar happens to be his land on the basis of a sale deed of year 1905. Today, at about 10.30 a.m. Sanjay Yadav, Dilip Yadav, Mukesh Yadav, Raj Kishore Yadav, Vijay Yadav, Ragho Yadav, Shankar Yadav, Ramesh Yadav, Rameshwar Yadav, Rahmat Khan, Khalil Khan and Kako Khan along with 30-40 unknown persons came over four tractors and began to plough his field. On getting information, he rushed to the spot where he found Sanjay Yadav, Ramesh Yadav armed with three nut (locally made firearm), Vijay Yadav armed with gun, Rahmat Khan armed with Farsa and Koko Khan armed with spear while rest were armed with lathi. On protest led by him, they began to abuse and during midst thereof, on an order of Vijay Yadav, Rahmat Khan gave Farsa blow over his head as a result of which, he became injured, fell down, then thereafter, others assaulted him with lathi. It has also been asserted that the accused persons intent to dispossess and for that, Title Suit No.97 of 1997 has been filed by them wherein vide order dated 03.12.1997, injunction has been granted.

(3.) Saur Bazar P. S. Case No.203 of 1997 was registered followed with an investigation as well as submission of charge-sheet leading to trial which ultimately met with the conclusion, the subject matter of instant appeal.