HAIDAR ALI ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the Appellants and counsel for the State as also counsel for the informant.

(2.) The Appellants in this case were convicted by the trial court for the offences under Sections 147 and 436/34 of the Indian Penal Code. The Appellants Barkat Ansari, Basir Ansari and Mumtaz Ansari have also been convicted for the offence under Section 323/34 of the Indian Penal Code. Upon being convicted, the Appellants were sentenced to undergo R.I. for five years for the offence under Section 436, one year for the offence under Section 147 and Six months for the offence under Section 323 of the Indian Penal Code.

(3.) The case of the prosecution in brief is that in the morning of 01.04.1995, the Appellant Bashir Ansari objected to the throwing of peels of cabbage by the informant's niece in front of his house. This led to an altercation between the informant and the Appellant Bashir Ansari who was soon joined by the other co-Appellants and it is alleged that the Appellants indulged in abuse and assault and had also set fire to a hut situated within the compound, belonging to the informant. Specific allegation in the F.I.R. has been made against the accused Appellant Barkat Ansari of assaulting the informant's sister Nasiban Bibi with Lathi and against the Appellant Bashir Ansari of assaulting the informant's sister-in-law. Similar allegation has been made against the co-convict Mumtaz Ansari of having assaulted his elder sister-in-law.