MD. SAHNAWAJ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Chakradharpur P.S Case No. 41 of 2005 was lodged against Md. Aslam, Md. Sartaj, Md. Ansar, Md. Sahnawaj, Md. Sahawaj @ Baris and Sawana Begum @ Baby Sabiha, on an allegation that they formed unlawful assembly and mounted murderous attack on Md. Sayeed and his son Ejaj Ahmad with an intention to kill them. Ejaj Ahmad succumbed to the injuries on 15.04.2005 and accordingly the offence under section 302 of the Indian Penal Code was added in the report. Md. Sahawaj @ Baris was declared juvenile and the case records were accordingly separated. A charge-sheet was filed against Md. Sartaj Alam and Md. Sahawaj @ Baris under sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code. Later on a supplementary charge-sheet was laid against Md. Aslam, Md. Ansar, Md. Sahnawaj and Sawana Begum @ Baby Sabiha while Md. Amiruddin who was not named in the First Information Report was shown absconder and his case record was split up. A common charge against the above named accused persons was framed under sections 147, 148, 307/149 and 302/149 of the Indian Penal Code, by an order dated 15.12.2006 and the case was committed to the Court of Sessions against them in S.T. No. 14 of 2006, except Md. Amiruddin. After Md. Amiruddin was apprehended the record of sessions case with respect to him was numbered S.T. No. 246 of 2006 and finally this sessions case was amalgamated with S.T. No. 14 of 2006.

(2.) In Sessions Trial No. 14 of 2006/ Sessions Trial No. 246 of 2006, the accused-appellants were convicted and sentenced to RI for two years under section 148 of the Indian Penal Code; RI for one year under section 323/149 of the Indian Penal Code; RI for life with a fine of Rs. 5,000/- each under section 302/149 of the Indian Penal Code, with a default stipulation to serve further sentence of SI for six months.

(3.) This batch of the criminal appeals are preferred by the convicts under section 374 (2) of the Code of Criminal Procedure to challenge the judgment of their conviction in the aforesaid sessions trials.