MD MUSLIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Md. Muslim, Md. Azam, Md. Faiyaz @ Faiyaz and Md. Hussain @ Hussain Ansari, have been found guilty for an offence punishable under Section 323 of the IPC and sentenced to undergo SI for six months, under Section 342 of the IPC and sentenced to undergo SI for six months with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 01.4.2015 passed by Additional Sessions Judge- 3rd, Araria in Sessions Trial No. 294/2002/62/2014.

(2.) Md. Sahabul (PW 6) filed written report before the Officer Incharge, Bhargama on 206.1999, alleging inter alia that as he was not allowing Md. Muslim and others to affix thatched wall, Md. Muslim and his sons, Md. Azam, Md. Faiyaz and Md. Hussain caught hold of him, tied him and then, on an order of Md. Muslim, Hussain gave Farsa blow over his head while Azam and Faiyaz assaulted him with Lathi. They also assaulted his mother, sister with Lathi. They also snatched away his wrist watch. Azam and Faiyaz took away a box containing ornaments, clothes etc.

(3.) The aforesaid written report led institution of Bhargama PS Case No. 84/1999, followed with an investigation as well as submission of charge-sheet after completing the same, facilitating the trial in a manner, subject matter of instant appeal.