MIRZA IBRAR BEG Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Section 325 of the Indian Penal Code, 1860 and have been mentioned to undergo Rigorous Imprisonment for three years. They have been further convicted under Section 323 of the Indian Penal Code, 1860 and have been sentenced to undergo Rigorous Imprisonment for one year each. However, sentenses were ordered to run concurrently.

(2.) The case of the prosecution in short is that the complainant Zalil Ahmad filed a complaint case on 22.4.77 bearing complaint case No. C 143 of 1977 in the Court of Chief Judicial Magistrate, Sasaram. In the complaint petition, it was stated that on 22.4.77 in between 4 to 5 a.m. all the accused persons armed with Bhala and Lathi entered into the house of the complainant and took away all the household belonging of the complainant. The complainant's brothers, mother and the complainant himself objected while they were taking away their belonging of the house but they were assaulted with Lathi by the appellants. Thereafter, accused persons forcibly drove out the complainant's brother from the house and accused persons occupied the same. The mother and brother of the complainant were medically treated at Sasaram hospital. The complainant went to the Thana to institute a case but the officer-in-charge of Sasaram police station refused to record his statement, therefore, he filed the complaint case. It has further stated that there was a title suit pending in the Court of 1st Munsif, Sasaram, between Mirza Zahur Beg and the father of the complainant. In the complaint petition, it was mentioned that the accused persons got a document registered illegally in respect of place of occurrnece, the house and later on, after looting household articles they occupied the house. They took away articles from the house, which were worth Rs. 12,082.00. After commitment, the charges were framed against the accused persons and they denied their involvement in the crime.

(3.) The prosecution to prove its case examined altogether seven witnesses, P.W. 1 is Mirza Musa Beg, P.W. 2 in Firoz Ahmad, P.W. 3 is Mirza Roshan Beg. P.W. 4 is Dr. Akhilesh Chandra, P.W. 5 is Hazara Khatoon, P.W. 6 is Zalil Ahmad P.W. 7 is Krishna Kumari, P.Ws. 1, 2, 3 and 6 have stated that in the morning of 22.4.77 when they were sleeping in their home in the village Muradabad in Sasaram they wokeup on hearing the sound of titles of their roofs. They saw accused Mirza Ekbal Beg and Mirza Ushaman armed with Lathis on their Chhat who stepped down in the Court-yard. Accused Mirza Ekbal Beg opened the main door through which the remaining accused persons entered into the Courtyard. They have further stated that accused Jubair Beg was armed with Bhala and the rest accused persons were armed with Lathis. They have stated that they identified all the accused persons in the light of electric bulb and in the light on account of morning hours. All the accused persons took away the household belongings after breaking open the look of the room. It has been further stated that when P.W. 1 and P.W. 2 objected the accused persons not to take away their boxes, the appellant Mirza Ekbal Beg assaulted Musa Beg P.W. 1 with Lathi and broke his hand. Appellant Ibrar Beg assaulted with Lathi to the complainant Zalil Ahmad thereafter, the accused persons took away the household articles by force. The family members of the house were droven out and it was occupied by the appellant. The appellants are alleged to be still in possession of the said house. These witnesses have stated that there was litigation regarding this house in the Court of 1st Munsif, Sasaram. The accused persons were not in possession of the house prior to the alleged occurrence. The complain ant P.W. 6 Zalil Ahmad has stated that just after the occurrence, he went to Sasaram Police Station to lodge information but the officer in-charge refused to record his statement and he went to Court of Chief Judicial Magistrate, Sasaram and filed a complaint petition. He has stated That the injured were taken to Sasaram Hospital for their treatment. He has also stated that title suit was going on regarding the disputed house prior to the alleged occurrence with one Rafia Kha. The complainant has also stated that accused persons got registered sale-deed illegally in respect of the disputed land and occupied the same by force.