MD. HAROON Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) Appellants Md. Haroon, Nemetullah, Md. Haider Ali, Md. Ashraf, Rahmatullah (Criminal Appeal (SJ) No. 22 of 2009) have been found guilty for an offence punishable under Section 323 of the I.P.C. and each one has been sentenced to undergo S.I. for six months, under Section 324 of the I.P.C. and sentenced to undergo S.I. for two years, under Section 341 of the I.P.C. and sentenced to undergo S.I. for one month, under Section 504 of the I.P.C. and sentenced to undergo S.I. for one year with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 19.12.2008 passed by the Additional District and Sessions Judge, Fast Track Court No.-V, Darbhanga in Sessions Trial No. 317 of 2002.

(2.) Before coming to main issue, it looks pertinent to mention here that informant Sone Lal Mandal has also challenged the judgment of conviction and sentence, under Cr. Revision No. 444 of 2009, arranged only these appellants as O.P. No. 2 to 5. It is needless to say that by the judgment impugned, the learned Lower Court has acquitted Bibi Noor Jahan and Bibi Saiyada Khatoon. From the lower court record, it is apparent that charge against all the accused (seven in number) were framed under Sections 323, 341, 504, 307/149 of the I.P.C., while appellants/accused Md. Rahmatullah@ Hajma and Md. Ashraf have independently been charged under Section 307 of the I.P.C., Rahmatullah@ Hajma has additionally been charged under Section 325 of the I.P.C., Md. Ashraf as well as Md. Haidar have been charged under Section 379 of the I.P.C. From the judgment impugned, it is evident that there happens to be no application of Section 149 of the I.P.C. irrespective of the fact that the appellants who have been found guilty are five in numbers and further, they all have been convicted, exonerating the two others. The main grievance having at the end of the informant is that the learned lower court had acquitted the appellants for an offence punishable under Section 307 of the I.P.C., in spite of sufficient material available on the record on account thereof, have been heard together and are being disposed of by a common judgment.

(3.) As stated above, all the accused persons were charged under Section 307/149 of the I.P.C., furthermore, accused/appellant Md. Rahmatullah @ Hajma and Md. Ashraf have been charged for an offence punishable under Section 307 of the I.P.C.