SAHEBJAN MIAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellants Sahebjan Mian, Shabina Khatoon @ Samina Khatoon, Israil Mian, Sahid Mian and Sahnaz Khatoon have been found guilty for an offence punishable under Section 341 of the I.P.C. and sentenced to undergo S.I. for one month, under Section 323 of the I.P.C. and sentenced to undergo S.I. for six months, under Section 324/34 of the I.P.C. and sentenced to undergo S.I. for two years vide judgment of conviction and sentence dated 22.05.2015 passed by the 4th Additional Sessions Judge, Jamui in Sessions Trial No.368 of 2011/ 52 of 2014.

(2.) During course of argument, it has been submitted by the learned counsel for the appellants that considering the nature of the allegation in consonance with the motive so assigned for commission of the occurrence did not justify the sentence having been recorded against the appellants. It has also been submitted that appellants have got no criminal antecedent. While appellants Sahebjan Mian and Shabina Khatoon @ Samina Khatoon are elderly aged about more than 75 years and in likewise manner, the remaining appellants happen to be, apart from the fact that appellants have faced rigour of trial since 2011. Furthermore, it has also been submitted that from the evidence available on the record, more particularly that of doctor (PW-7) , the injuries happens to be superficial in nature, which exposes the activity of the appellants, even considering the nature of allegation attributed against them. Apart from this, it has also been submitted that both the parties are close Pattidar and dispute arose on account of partition of a land, which the prosecution party was not inclined to accept.

(3.) On the other hand, learned Additional Public Prosecutor submitted that appellants should not be allowed to avail the anvil of Probation of Offenders Act in the background of the fact that they have brandished the deadly weapon during course of occurrence irrespective of nature of injuries having over the person of injured.