SK. NAYEEM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 0905.2002 passed by 1st Additional Sessions Judge, Godda in Sessions Case No. 125 of 1993/245 of 1998 whereby and whereunder Appellants were convicted under Sections 307/149 of the IPC and sentenced to undergo R.I. for 10 years each and pay fine of Rs. 5000/- each. It is further ordered that on the failure of payment of fine, they will further undergo R.I. for 5 years each. The Appellant Nos. 1, 2, 3 and 4 further convicted under Section 27 of the Arms Act and sentenced to undergo R.I. for 3 years each.

(2.) The case of prosecution, in short, is that on 28.6.1992 the informant Sk. Karu along with his brother Md. Abdul and co-villager Hakim, Md. Bechu was ploughing his field pertaining to Jamabandi No. 36, Khesra No. 252. It is further alleged that at about 11 a.m, Appellants came at that place armed with lethal weapons. It is further alleged that on the instigation of Md. Nayeem (Appellant No. 1), Md. Islam (Appellant No. 4), Sk. Kaleem fired from 303 rifle due to that Sk. Nasir received injury on his hand. It is further alleged that thereafter Nayeem fired which again struck Nasir on his hand. It is further alleged that thereafter aforesaid three persons assaulted Nasir with the butt of gun due to that he fell down. It is further alleged that Razzaque and Haleem assaulted informant with the butt of rifle of 303 which caused injuries to the informant. It is further alleged that Mazhar, Ishaque, Rustam, Yusuf, Sabbir assaulted Abdul Mazid and Bibi Jabudan and caused injuries to them. It is further alleged that the Appellants took away 5 ploughs and 25 kg of paddy seeds. It is further stated that the occurrence witnessed by Md. Bechu, Hakim, Md. Abdul and Hamid. It is further stated that the occurrence took place due to land dispute.

(3.) On the basis of aforesaid fard beyan, Pathargama P.S. Case No. 54 of 1992 under Sections 147, 148, 149, 323, 342, 379, 307 of the IPC and 27 of the Arms Act instituted and police took up investigation. After completing investigation, police submitted charge sheet under Section 147, 148, 149, 323, 324, 325, 341, 307 and 379 of the IPC and 27 of the Arms Act. It appears that learned CJM, Godda took cognizance of the offence as mentioned in the charge sheet and committed the case to the court of sessions as the offence under Section 307 of the IPC is exclusively triable by a court of sessions.