MUKHTAR MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Arvind Kumar Choudhary assisted by Mr. Rohit Agrawal, Advocates and learned counsel for the State, Md. Azeemuddin, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dated 17.02.2004, passed by the learned Additional Sessions Judge, Fast Track Court No. V, Deoghar, in Sessions Case No. 45 of 2002, whereby, these appellants have been convicted for the offence committed and punishable under Sections 148 and 324/149 of the Indian Penal Code and awarded Rigorous Imprisonment for one year under Section 148 of the Indian Penal Code to all appellants and Rigorous Imprisonment for two years under Section 324/149 of the Indian Penal Code along with a fine of Rs.1,000/- each. Except appellant no.1 and in default of payment of fine the accused persons will have to undergo a further imprisonment of three months. Appellant no.1 Mukhtar Mian has been awarded rigorous imprisonment for three years under Section 324 of the Indian Penal Code along with fine amount of Rs. 5000/- and in default of payment of fine will further undergo simple imprisonment for six months.

(3.) The prosecution case, is based upon, written report submitted by Mazid Mian (P.W.4) recorded by officer-in-charge, Madhupur Police Station, in the district of Deoghar, on 16.08.2001, wherein, the informant has stated, that today i.e. on 16.08.2001 at about 8.00 A.M.- 9.00 A.M co-villagers Mukhtar Mian, Nasim Mian, Rafique Mian, Jamruddin Mian, Samru Mian, Abbas Mian, Sahwan Mian, Rahman Mian, Nijam Mian, Nayim Mian, Mannan Mian, Siraj Mian, Safruddin Mian and Akhtar Mian, after forming an unlawful assembly came to the door of the informant and started abusing him. Upon being objected by the informant, all the aforesaid accused persons jointly assaulted informant, his wife Aisa Khatoon, his son Nasir Mian @ Nasruddin Mian and Nazra Khatoon wife of Nasir Mian with lathi, rod and tangi causing injuries. It is alleged that, occurrence took place because of land dispute and litigation pending in the court. The accused persons have also taken away Rs.6000/- from a box kept inside the house.