MD.KHALIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment of conviction under Section 307 I.P.C. on 20.5.99 and order of sentence dated 25.5.99 whereby and whereunder the 1st Additional Sessions Judge, Jamshedpur awarded the sentence to the appellants to undergo rigorous imprisonment for four years in Sessions Trial No. 28/1991.

(2.) THE prosecution story is in a narrow compass. The appellant Md. Khalil had picked up quarrel with his father and in order to usurp the entire land of his father he took the entire documents related to land, in his possession, though his father wanted that his land should be equally distributed amongst all his sons. The informant was the son -in -law of the father of the appellant Md. Khalil who was helping his father -in -law in the matter of equal distribution of the land for which the appellant Md. Khalil was nursing grudge against the informant. In the night of 11.9.89 at about 10 O 'clock, the informant heard noise coming out from the house of the appellant Md. Khalil and pursuant to that the informant went to the house of the appellant and asked the cause of quarrelling which the appellant Md. Khalil who with his son Md. Tabarak Hussain (Appellant No. 2) started abusing the informant and asked him to get out from his house. The informant had just started and while was proceeding towards his house, it is alleged that the appellant Md. Khalil assaulted the informant from behind his back with stick, as a result of which the informant fell down on the earth and thereafter both the appellants assaulted the informant Abdul Majid indiscriminately with stick and iron rod. The informant became unconscious sustaining the injuries. He was removed to his house. The informant received injuries on his head, left wrist, fingers, legs, thigh and knee of right leg. The statement of the informant Abdul Majid was recorded in the night intervening 11/ 12.9.89 at 13.30 hours at Tata Main Hospital while undergoing treatment giving rise to Parsudih P.S. Case No. 142/89 on 12.9.89 for the offence under Sections 323, 324 read with Section 34 I.P.C. The police after investigation submitted charge -sheet against both the appellants under Sections 341/325/323/307 read with Section 34 I.P.C. The appellants in course of trial pleaded their innocence and complete denial of the occurrence. The specific version of the defence was that the informant Abdul Mazid in the night of 11.9.89 at about 10 O 'clock started knocking at the door of the house of the appellants armed with stick and Bhujali and when the door was opened the informant entered into their house. His arrival was not appreciating and he was chased by the appellants and in the process of running away from their house he fell down near the well and sustained injuries. The appellants wanted to take away the informant to the Police Station but he escaped. For such conduct of the informant the appellants instituted Parsudih RS. Case No. 141/89 in the night of 11.9.89. The informant was put on trial in the said case and was convicted by the Court of Shri Bijay Kant Khan, Judicial Magistrate, 1st Class at Jamshedpur in G.R.Case No.1543A/89 and the instant case was instituted after inordinate delay on 12.9.89 by the informant in order to screen himself from the case instituted by the appellants.

(3.) ) and the Fardbeyan of the informant (Ext. 3). 4 Though no witness was adduced on behalf of the defence but certain public documents were proved and marked Exhibits viz. formal F.I.R. of Parsudih P.S. Case No. 141/89 (Ext. A), written report (Ext. B), charge -sheet of the aforesaid case (Ext. C) and the certified copy of the judgment passed in the aforesaid case whereby the informant of the instant case was convicted (Ext. D). The defence further proved the original ration card No. 14069 registered in the name of appellant Md. Khalil (Ext. E) and the original voter list of Jugsalai Jamshedpur Lok Sabha Constituency (Ext. F).