MANGAL HADIS MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for appellant Mr. Kaushik Sarkhel as well as Mrs. Amrita Kumari, learned Additional Public Prosecutor appearing for the State assisted by Mr. Ashish Jha, learned counsel for the informant.

(2.) Present appeal is preferred against the judgment and order of conviction and sentence of the appellant dtd. 21/6/2006 and 26/6/2006 passed by learned Sessions Judge, Jamtara in Sessions Case No. 85 of 2004 whereby and whereunder the appellant has been held guilty for the offence under Sec. 307 of the I.P.C. and sentenced to undergo R.I. of seven years. Another co-accused person namely Basir Mian has been acquitted from the charge under Sec. 307/34 and 341 of the I.P.C.

(3.) Factual matrix giving rise to this appeal is that on 9/12/2003 at about 06:00 AM, informant Hannan Mian (P.W.5) was standing nearby the field where his brothers namely Rahman Mian, Jalauddin Mian and Ramjan Mian were ploughing their patit land, meanwhile Mangal Mian the present appellant along with Basir Mian (co-accused who was acquitted) came there and suddenly, Mangal Mian open fired upon the informant causing injury on his penis area and thigh, thereafter, both the accused persons fled away. It is alleged that the motive behind occurrence is that the accused persons were desiring to dispossess the informant party from their land by cultivating and sowing wheat seeds, although, the disputed land has already been settled in the name of informant's father.