JAINUL SHEIKH Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) The appellants are aggrieved by the impugned Judgment of conviction and Order of sentence dated 29th June, 2000, passed by the Additional Sessions Judge, Pakur in S.T. No. 20 of 1997 / 4 of 1997, whereby, the appellant-Jainul Sheikh and another appellant-Hajikul Sheikh have been convicted and sentenced for the offence under Section 307/34 of the Indian Penal Code to undergo R.I. for seven years by each of the appellant. Appellant- Hajikul Sheikh has been further convicted and sentenced for the offences under Sections 326 of the Indian Penal Code and to undergo R.I. for four years under Sections 326 of the Indian Penal Code. Both the sentences shall run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of Abu Tahir Sheikh, recorded on 07.06.1996 at about 19.30 at Pakur (M) Police Station, wherein he has stated that on Friday 07.06.1996 at about 4.00 p.m. he was going to the tea stall of Hirasuddin Seikh situated at Taranagar for taking tea. While he was about to reach the tea stall, he saw some altercation going on between his brother Ansarul Sheikh with accused Jainul Sheikh, Hajikul Sheikh, Maniruddin Sheikh and Ali Hussain Sheikh. When he tried to pacify them, accused Jainul asked his brother Hajikul to bring Hansua from the house and kill both the brothers i.e. informant Abu Tahir Sheikh and Ansarul Sheikh. Thereafter, Hajikul Sheikh brought Hansua from the house and gave a blow to the informant in his waist due to which the informant fell down. Thereafter Hajikul Sheikh assaulted the brother of the informant by Hansua due to which Ansarul sustained injury on his left hand. On hearing the noise, the villagers gathered and intervened in the matter. Thereafter, the informant went to the Police Station in injured condition and gave his fardbeyan. On the basis of his fardbeyan, Pakur (M) P.S. Case No. 109 of 1996, corresponding to G.R. No.225 of 1996, was instituted for the offence under Section 324 of the Indian Penal Code, against four accused persons namely, Jainul Sheikh, Hajikul Sheikh, Maniruddin Sheikh and Ali Hussain Sheikh and investigation was taken up. During investigation, Section 326 of the I.P.C. was added. After investigation, the Police submitted Chargesheet under Sections 324, 326 and 307/34 of the Indian Penal Code.