ASLAM MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 16.12.2003, passed by learned Additional Sessions Judge, Fast Track Court No. IV, Giridih, in Sessions Trial No. 144 of 2001, whereby the learned Trial Court has acquitted all the accused persons of charge under Sections 307, 342 and 337 of the Indian Penal Code but has convicted all the accused persons for the offence committed and punishable under Sections 326/ 149/ 147 of the Indian Penal Code. Appellants/Accused, Abdul Shakur and Idrish Mian have been awarded rigorous imprisonment for two years with a fine of Rs. 500.00 each for the offence committed and punishable under Sections 326/149 of the Indian Penal Code and in default in payment of fine, further rigorous imprisonment for one month. Further, the appellant/accused Jumman Mian (who died during pendency of the appeal and his case has been abated), considering his age, has been awarded a fine of Rs. 1000.00 and in default of payment of fine, simple imprisonment for two months, for the offence committed and punishable under Sections 326/149 of the Indian Penal Code. The rest of the appellant/accused persons have been awarded simple imprisonment for two years for the offence committed and punishable under Sections 326/ 149 of the Indian Penal Code. Further, for the charge and offence committed and punishable under Sec. 147 of the Indian Penal Code, all the appellants/accused except Jumman Mian, have been awarded sentence to undergo simple imprisonment for three months. All the sentences are directed to run concurrently. For, this charge, Jumman Mian is ordered to pay Rs. 500 as fine, and in default of payment of fine, to undergo simple imprisonment for fifteen days. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the written report submitted by Md. Ibrahim (P.W. 2), before the Officer-in-Charge, Dhanwar Police Station, Giridih on 31.08.2000, alleging therein that a panchayati was held between the parties and pursuant to the panchayati, when Amin was measuring the land, all the named accused persons Abdul Shakur, Idrish Mian, Illahi Mian, Jumman Mian, Latif Mian, Kurban Mian, Sultan Mian, Alam Mian, Afzal Mian, Izhar Mian and Kamruddin Mian, came with deadly weapons such as sword, bhalla, knife, tangi, lathi and rod and surrounded the prosecution party and assaulted indiscriminately. Abdul Shakur has assaulted Islam Mian on his head by sword due to which Islam Mian fell down on the ground, Idrish Mian has also assaulted Islam Mian by bhalla on the cheek. Afzal Mian assaulted Abdul Kiyum by means of sword causing him injury due to that he fell down on the ground. Kamruddin Mian assaulted Nizamuddin by means of tangi, due to which he fell down on the ground. Jumman Mian pelted brick upon the informant Md. Ibrahim and other accused persons having lathi, danda, brick and stone started assaulting the prosecution party.

(3.) On the basis of the written report of the informant, police has registered Dhanwar P.S. Case No. 119 of 2000, dated 31.08.2000, under Sections 147, 148, 149, 342, 323, 324, 307 and 337 of the Indian Penal Code.