IBRAHIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dtd. 25/2/2010 passed by the Additional Sessions Judge, Fast Track Court no. Ill, Dhanbad in connection with ST. No. 70 of 2004 arising out of Govindpur P.S. Case no. 34 of 2002, G.R. no. 638 of 2002 whereby and whereunder the appellant was convicted u/s 324 of the Indian Penal Code and sentenced to undergo rigorous Imprisonment for two years with a fine of Rs.1000.00 and in default of payment of fine, appellant was to undergo rigorous Imprisonment for three months.

(2.) The case of the prosecution as per fardbeyan dtd. 11/3/2002 of the informant Md. Yusuf Ansari-PW-4 is that on 10/3/2002 at 11:30 a.m. measurement of disputed land of Ibrahim Mian, Rajjak Mian and Ghulam Mustafa was being done in presence of local people and informant was also present there as a panch. It is alleged that when the measurement of gali was being done then Ibrahim Mian became furious and said the measurement to be wrong and started abusing the informant. When informant restrained Ibrahium abusing him then Ibrahim went inside his house and returned with a kulhari along with his son Zahir Abbas and inflicted tangi blow on the nose of the informant as a result blood oozed out. Zahir @ Munna assaulted the informant with lathi upon which informant raised hulla and several persons assembled there. Thereafter, Akhtar Ansari and Amir Ansari came there armed with lathi and assaulted Murtuza Ansari upon which he sustained head injury and blood oozed out. Informant further stated that when he was being taken to the Primary Health Centre, then in the meantime Salim Ansari armed with rod ran but he was caught by persons present there. The occurrence was witnessed by persons present there, panch Samsuddin Ansari (mukhiya), Hamid Mian and others.

(3.) On the basis of the fardbeyan of the informant Govindpur P.S. Case no. 34 of 2002 U/Ss. 323, 324,341,307/34 of the IPC was registered against five persons including the appellant. After completion of investigation, charge sheet was submitted against the accused persons and cognizance of the offences were taken and the case was committed to the court of Sessions. Charges were framed against the accused persons under Ss. 341,324 and 307/34 of the IPC. On conclusion of trial the learned trial court acquitted the four accused persons of the charges but convicted and sentenced the appellant as aforesaid. Hence, this appeal.