MD. GAFFAR @ MD. GHAFFAR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Md. Gaffar @ Md. Ghaffar, Md. Aziz, Md. Arif, Md. Shahbaz have been found guilty for an offence punishable under Section 323 IPC and sentenced to undergo R.I. for six months as well as fined of rupees five hundred, under Section 307/94 IPC and sentenced to undergo R.I. for ten years as well as fine of rupees ten thousand. In default of payment of fine to undergo S.I. for three months additionally under both heads vide judgment of conviction and sentence dated 18.02.2015 recorded by Third Additional Sessions Judge, Purnea in Sessions Trial No.1316/2006.

(2.) Pw.8, Md. Moiz filed written report on 17.06.2006 divulging therein that on 16.06.2006 his children as well as children of Md. Aziz, Md. Gaffar @ Md. Ghaffar quarreled during course of play whereupon, he had scolded the children and then, took his children to his place. Today morning at about 07:00 A.M. Md. Aziz, Md. Gaffar @ Md. Ghaffar, Md. Arif, Md. Shahbaz armed with lathi, danda reached at his house and began to abuse. On protest made by him, all the four named above began to assault with lathi, danda indiscriminately as a result of which he sustained severe injury. His father came in rescue who was assaulted by Md. Gaffar and Md. Arif. His wife Afsana Khatoon came in rescue who was assaulted by Md. Aziz and Md. Shahbaz. On hue and cry, the persons of the surrounding came and rebuked the accused persons whereupon, they left the place. Then thereafter, he along with his wife, father, came to P.S. to file a case.

(3.) At an initial stage, case was registered under Sections 341,323,448,504/34 of the IPC however, first attempt was made by the I.O. to add Section 325, 307 of the IPC which was allowed vide order dated 21.06.2006. Subsequently thereof, vide order dated 22.06.2006 it was converted under Section 302 of the IPC wherein, after concluding investigation charge sheet was submitted. The trial commenced relating to murder of Rajjak along with along with murderous attack over informant Md. Moiz along with his wife Afasana Khatoon.