BAKAR ALI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants preferred this appeal against the judgment of conviction dated 11.1.1996 and order of sentence dated 16.1.1996 passed by 4th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No; 34 of 1986, whereby and whereunder the learned Trial court convicted all the appellants under sections 447 and 302/149 of the Indian Penal Code and also convicted the appellants Puttu Mian, Mazhar Mian, Jama Mian and Bakar Ali Mian under section 148 of the Indian Penal Code and the remaining appellants were convicted under section 147 of the Indian Penal Code, whereas appellant Subhani Mian was further convicted under section 323 of the Indian Penal Code. All the appellants were sentenced to undergo rigorous imprisonment for life under section 302/149 of the Indian Penal Code and rigorous imprisonment for three months each under section 447 of the Indian Penal Code whereas the above four appellants were sentenced to undergo rigorous imprisonment for three years under section 148 of the Indian Penal Code and two years for the offence under section 147 of the Indian Penal Code whereas appellant Subhani Mian was further ordered to undergo rigorous imprisonment for six months under section 323 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(2.) THE prosecution case briefly stated is that one Sultan Mian gave his fard beyan alleging therein that on 9.11.1985 at 6 A.M., he along with his brother Rahamatullah Mian was ploughing his field situated on the west of the village and his father Kabir Mian was sitting on the ridge of the said field. All the appellants along with one Lokman Mian (now dead) armed with various weapons, such as, Garasa, Bhala and Lathi came there and appellant Bakar Ali Mian ordered to assault as they are ploughing his land. Thereafter appellant Putu Mian gave garasa blow to the father of the informant, which hit on his head and thereafter he fell down. It is further alleged that appellant Mazahar Mian gave garasa blow on Rahamatullah Mian but it could not hit him, as he fled away, whereas the appellant Subhani Mian assaulted the informant with lathi. The informant raised alarm and then the villagers, namely, Hasim Khan, Lalji Mian and Jahangir Mian came there and thereafter all the accused/appellants fled away. The cause of occurrence is said to be the land dispute in between the parties from before. The injured was taken to Hospital where the father of the informant Kabir Mian died.

(3.) AT the very outset, it may be noted that one supplementary affidavit has been filed on behalf of the appellants claiming therein that appellants Rashid Mian and Subhani Mian died on 16.8.1999 and 24.12.2000. Hence the appeal as against them is abated.