HAIDER ALI AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 08.04.2003, passed by Sri Anant Prasad Srivastava, the then Ad hoc District & Sessions Judge, Presiding Officer 1st Additional Fast Track Court, Siwan, in Sessions Trial No. 162/96, 121/02, by which the appellants Haider Ali, Badujan Mian, Khurshid Mian, Murtaza Ansari, Nabi Rasool, Khedan Bhagar @ Khedan Koyari, Lal Babu Bhagat and Abdul Majid were convicted under Section 323 of the Indian Penal Code (hereinafter referred to as the "IPC") and were sentenced to undergo R.I. for three months and appellant Hasumuddin Mian was convicted under Section 324 of the IPC and was sentenced to undergo R.I. for six months.

(2.) Earlier a report was called for with regard to death/alive status of all the appellants were called for from the S.P. Siwan, from which it appears that appellant No. 7, namely, Khedan Bhagat and appellant no. 9, namely, Abdul Majid has died during pendency of appeal, as such, this appeal as against the above two appellants shall stand abated.

(3.) Prosecution case as per the written report of informant Kamla Bhagat in short is that the field of informant was in the west of the village, in which he had grown brinjal paddy and maize crop and at about 9. A.M. on 7.8.94, accused persons came armed with lathi, bhala, farsa and country made pistol and started ploughing the field and when the informant stopped them from ploughing the field, on the order of appellant Haider Ali accused persons assaulted the informant with respective weapons, causing injury to the informant and he fell down and on alarm being raised by the informant, his uncle, namely, Ramjee Bhagat and his brother, namely, Bhagwan Bhagat came to save him, they were also assaulted by the accused persons. Further prosecution story that on hearing the sound of hulla witnesses Baccha Bhagat, Chandrama Bhagat, Bleshwar Bhagat and others came there and the accused persons fled away.