MD OJIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Md. Ojir has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for ten year as well as to pay fine appertaining to Rs.5, 000/- and in default thereof, to undergo R.I. for six months, under Section 324 of the I.P.C. and sentenced to undergo R.I. for two years, under Section 323 of the I.P.C. and sentenced to undergo S.I. for six months, under Section 341 of the I.P.C. and sentenced to undergo S.I. for one month with a further direction to run the sentences concurrently, with a further direction that the period having been undergone during course of trial would be set off in terms of Section 428 of the Cr.P.C. vide judgment of conviction and order of sentence dated 27.03.2015 passed by the 7th Additional Sessions Judge, Begusarai in Sessions Trial No.684 of 2011.

(2.) Pw-4, Heera Ali while was admitted at Sadar Hospital Begusarai on 25.02011, gave his fard-bayan disclosing therein that on 24.02011, somebody had vomited as well as discharged excreta near the Machan of Md. Ojir, on account thereof, today at about 8.30 p.m., he came near his darwaza and began to abuse over which, he along with his brother Md. Shahid said that why you are abusing near their darwaza. Kindly trace out the person, who happens to be responsible for the same and go there and abuse. Just after hearing this, Md. Ojir pushed his brother, Md. Shahid, which was protested by him as a result of which, he took out Hansuli and then, gave a blow over the head causing injury thereupon. Even thereafter, he continued with Hasuli blow repeatedly, which he prevented by his hand as a result of which, he sustained injuries over his right finger, palm, below his right elbow. On hue and cry, large number of persons assembled, lifted him to hospital.

(3.) On the basis of the aforesaid fard-bayan, Begusarai (Mufassil) Singhaul P. S. Case No.67 of 2011 was registered followed with an investigation as well as submission of chargesheet facilitating the trial meeting with ultimate result, subject matter of instant appeal.