AZAD MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants are in appeal before this Court against the judgment of conviction and sentence passed under Ss. 148 and 302/149 of the IPC.

(2.) On 18/11/1989, at around 8:30 in the evening while Triveni Choudhary, the cousin brother of the informant was returning home along with Sukhdeo Singh after electioneering, he was attacked by Ramjan Mian, Hafizul Mian, Azad Mian, Imamuddin Mian, Zakir Mian, Sudhir Mian and Lochan Mian. As a result, Triveni Choudhary died on spot. Informant claimed to have witnessed the incidence along with Vyas Deo Choudhary.

(3.) On the basis of written report of Jagannath Choudhary, Govindpur (Barbadda) P.S. Case No.316/89 was registered against the named accused persons. Police on investigation, found the case true and submitted charge sheet under Ss. 147, 148, 149 and 302 of the IPC. After cognizance and commitment, appellants were put on trial on charge of committing offence under Ss. 148 and 302/149 of the IPC.