DILDAR HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants Mr. Lakhan Chandra Roy and learned counsel for the State, Mrs. Niki Sinha, learned Additional Public Prosecutor and learned counsel for the Informant, Mr. Manoj Kumar Sah.

(2.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 112003 and order of sentence dated 17.12003 passed by 4th Additional Sessions Judge. (Fast Track Court No. 1), Godda in Sessions Case No. 217/86/18/2002 whereby four appellants have been convicted by the learned Trial Court for offence punishable under Sec. 307/149 of the Indian Penal Code, and appellants no. 2, 3 and 4 have also been convicted under Sec. 147 of the Indian Penal Code. No finding with respect to Sec. 323 of the Indian Penal Code has been given, as the appellants have already been convicted Tor offence under Sec. 307/149 of the Indian Penal Code and awarded rigorous imprisonment for five years for the offence under Sec. 307/149 of the Indian Penal Code and rigorous imprisonment for one year for the offence punishable under Sec. 147 of the Indian Penal Code and Dildar Hussain Appellant no. 1 has been awarded two years rigorous imprisonment for offence under Sec. 148 of the Indian Penal Code. All the sentences are directed to run concurrently, the period already undergone in jail by the appellants will be set-off from their respective sentences.

(3.) Brief facts as stated in the prosecution case is that on 26.10.1984 at around 8.30 a.m. in the village Marua Baran Bahiyar within P.S. Godda town, District Godda, accused persons armed with sword, bhala, barchha formed unlawful assembly for committing riot and on the order of Dildar Hussain to finish the informant and others. Dildar Hussain having barchha in his hand assaulted Panchu Mian (informant) on his left arm due to which, Panchu Mian sustained bleeding injury. Arsad Hussain, Abul Hussai and Tunnu@ Mister M ian assaulted Panchu Mian on his right shoulder and head, when Shamim Mian, nephew of the informant came for rescue Panchu Mian, he was also assaulted by Dildar Hussain by barchha and Raju Mian by sword and rest three accused persons (appellants) by lathi. It is alleged that on brawl, Md. Ibrahim. Ahmad Mian, Ulfat Mian and Khutul Tiwari came for rescue but in the mean time, accused persons fled away.