LATAL SHEIKH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, Latal 'Sheikh, who has been convicted under Section 326 IPC and sentenced to undergo R.I. for 4 years, has impugned the judgment dated 19th November, 90 passed by the learned 3rd Additional Sessions Judge, Giridih in Session Trial No. 129/87 arising out of G.R. No. 44/88.

(2.) The prosecution case is that the appellant married to Saidrun Bibi, cousin sister of the informant, Mansoor Sheikh. As the appellant was contemplating to perform another marriage within a short period, Mansoor conveyed a Panchayati on 11.6.84 at 8 p.m. in order to restrain the appellant from performing another marriage. Panches interrogated the appellant regarding his reasons to perform second marriage, in which Latal replied that he would keep his both wives. On this Mansoor and his brother Muzaffar Sheikh objected which led to some altercation between the informant and his brother on the one hand and the appellant and other accused namely, Noor Mohammad, Jakir Sheikh and Jabbar Sheikh on the other. The appellant, in the meantime, brought a Chhura from his house and inflicted injuries on the abdomen of Muzaffar Sheikh with the said Chhura. Latal inflicted Chhura blow on the left side of abdomen of the informant. Panches intervened and brought both the injured to their house. Babujan (PW 2) rushed up to Bengabad to call a Doctor and for informing to the police. One Dr. Poddar administered first aid and went away. Muzaffar was taken to State dispensary, Bengabad where after examining, Dr. Radheshyam Prasad (PW 5), referred his case to Sadar Hospital, Giridih. At Giridih Dr. Suresh Chandra Mtshra (PW 6) examined Muzaffar. Mansoor Sheikh (PW 1) gave his fardbeyan, which was recorded by S.I. Narendra Kumar of the said police station. Formal FIR is Ext. 3 and fard beyan is Ext. 4. Charges under Sections 307, 324, 341 read with Section 34 IPC were framed against the appellant and other accused persons.

(3.) The defence took a plea before the trial Court that Saidrun Bibi was married to the appellant 10 years ago but after the marriage she remained at the matrimonial house for (sic) months and mostly lived at her paternal house. Even though a Panchayati was held but she did not reside at her matrimonial house. Therefore, the appellant was contemplating to divroce her. for which a Panchayati was held in his house on 11.6.84 at 8 p.m. In the course of Panchayati there was some altercation and Mansoor caught hold of the hair of the appellant and assaulted him with slaps and fist. On being intervened by his mother, she was also assaulted. On this allegation a complaint was filed by Noor Mohammad giving rise to Complaint Case No. 291/84 in which Mansoor Sheikh and other were tried and found guilty under Sections 323, 341 and 427 IPC but were released on probation of good conduct. The said judgment has been marked as Ext. 'Kh'.