SAHARUDDIN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant Saharuddin Mian has preferred this appeal against the judgment and order dated 7.8.2002 and 8.8.2002 passed by Shri Kumar Kamal, Additional Sessions Judge, F.T.C. -1. Bermo at Tenughat in Sessions Trial No. 326 of 1987 whereby and whereunder the appellant has been convicted under Section 326 of the Indian Penal Code and has been sentenced to undergo R.I. for five years.

(2.) BRIEF facts leading to this appeal are that in the morning of 18.11.1986 the informant Sultan Ansari returned to his house in village Barki Punu P.S. Mahuwatand Distt. Giridih after taking bath in village pond to find the appellant along with Asgar Mian standing in front of his house, abusing his father and others. Further stated when PW -4 Alizan Mian eldest uncle of the informant came out of his house, both the accused named above asked others in all fifteen persons to assault him armed variously with Lathi. Bhala, Farsa and swords started assaulting the said Alizan Mian. The informant tried to rescue his uncle when he was also assaulted with sword by accused Samsuddin Mian resulting in cut injury on his right hand including amputation of one finger. Further stated that on alarm raised by the injured persons Samsuddin Mian and Sikandar Mian came out of the house who was also given blows with sharp cutting weapon, when her aunt Mehurna Bibi tried to save her husband she was also assaulted. According to the informant, accused persons have been carrying grudge against them and earlier also tried to assault them.

(3.) THE learned trial Court after examining the witnesses and protracted trial for sixteen years found and held the appellant guilty under Section 326 of the Indian Penal Code while all others accused persons were acquitted of the charges giving them benefit of doubt. The appellant was also acquitted of the charges under Sections 149 and 307 of the Indian Penal Code.