MD SULTAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Md. Sultan has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs. 10,000/- and in default thereof, to undergo S.I. for three months, additionally, 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, under Section 324 I.P.C., though no sentence has been passed, by the Additional Sessions Judge-8 th, Muzaffarpur in Sessions Trial No.240 of 2000 by judgment of conviction dated 29.09.2015 and order of sentence dated 01.10.2015.

(2.) Muslima Khatoon (PW-5) while was admitted at P.H.C. Saraiya gave her fard-bayan on 07.07.1998 at about 230 hours before the police official of the Saraiya P. S. in presence of her husband Md. Fida Hussain (PW-3), disclosing therein that on the same day at about 8.00 P.M. while she along with her husband and children were taking meal, during midst thereof, her Bhainsur Md. Sultan came and disclosed that his father has ousted him out from the house while they are remained here. On this, she disclosed that as he has committed wrong, therefore, he has been ousted. He assaulted with fist and slap. Her husband began to raise alarm, whereupon Md. Alam, Md. Suleman and Md. Azam came, out of whom, Md. Alam was armed with farsa and Md. Suleman and Md. Azam were armed with lathi and they just after arrival, began to abuse and during midst thereof, Md. Sultan took farsa from the hand of Md. Alam and inflicted a blow causing injury over her head. She fell down. Her husband began to lift and during course thereof, Md. Suleman and Md. Azam assaulted him with lathi, fists and slaps. On hue and cry, Md. Abid, Md. Sattar, Md. Mustafa along with others came, who intervened. The motive for the occurrence has been shown on account of dispute over partition amongst both the brothers.

(3.) After registration of Saraiya P. S. Case No.122 of 1998, investigation commenced and after concluding the same, chargesheet has been submitted, which happens to be the basis of trial meeting with the ultimate result, subject matter of instant appeal.