DASO MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Cr. Appeal No. 185/05 is by A-1, A-3 and A-4, whereas Cr. Appeal No. 186/05 is by A-5, A-2 and A-6 respectively in Sessions Case No. 282 of 1991/85 of 2002. The appellants in the above appeals will be referred as A-1 to A-6 in the same order as they were arrayed before the trial Judge for the sake of convenience. All the accused Nos. 1 to 6 were tried for the offences punishable under Sections 302/34 and 307/34 IPC, The allegation against them in the charge is that they, in furtherance of their common intention, went to the field which was in possession of PW.4 Hanif Mian, who is the son of the deceased, Rustam Mian and attacked the deceased, Rustam Mian with Tangi and Lathis and that during the course of said transaction, they also caused injury to PW.4, Hanif Mian and that on account of the injuries suffered by the deceased, Rustam Mian died at the Government Hospital, Jamtara where he was taken for treatment. The trial Judge, finding the accused guilty under Section 302/34 IPC. sentenced each one of them to imprisonment for life. The trial Judge also found Naushad Mian (A-2) guilty under Section 324/34 IPC. The trial Judge convicted Rajan Mian (A-4) and Badan Mian (A-6) under Section 323/34 IPC. On being so convicted, a sentence of two years' R.I. was imposed on Naushad Mian (A-2) under Section 324/34 IPC. A sentence of one year's R.I. was also awarded to Rajan Mian (A-4) and Badan Mian (A-6) with a direction that the sentences will run concurrently. These appeals are against the said conviction and sentence.

(2.) The facts of the case are : PW.4 Hanif Mian is the son of the deceased, Rustam Mian. They were residing in the village Saharpur. The accused and the deceased staked claim for a landed property and, therefore, a proceeding under Section 145, Cr. P. C. was Initiated. The learned Sub Divisional Magistrate, by his order passed in T.R. No. 172 of 1990, found that the deceased and PW.4 were in possession of the said disputed land. The dispute as regards the land between the parties is said to be the motive for the unfortunate occurrence which occurred at 9.00 a.m. on 31-7-1989.

(3.) On 31-7-1989 at about 9.00 a.m., PW.4 along with his father Rustam Mian was ploughing the disputed land. At that time, all the accused Nos. 1 to 6 went there. Accused Daso Mian was carrying a Tangi, whereas the other accused were armed with Lathi, bows and arrows. The accused Daso Mian (1) gave a blow to Rustam Mian and when PW.4 Hanif Mian Intervened, he was also assaulted. Latif Mian (A-3) Instigated the others whereupon A-4 to A-6, who were armed with Lathis, chased Rustam Mian, the deceased, and caused injuries on his person by beating him on his head by lathi. The deceased fell down after sustaining injuries on the head. A-2 Naushan Mian caused injury on PW.4 Hanif Mian with arrow and the said injury was received by Hanif Mian on his chest as a result of which, blood started gushing out. The accused ran away from that place. Rustam Mian was placed on a Cart and taken to Police Station from where he was referred to Narayanpur Hospital. At Narayanpur Hospital, after first-aid was given to the deceased, he was referred to Government Hospital, Jamtara for better treatment, but he succumbed to the injuries.