LATIF MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellants, Mr. Vijay Kumar Sinha, assisted by Mr. Om Prakash Singh, Advocate and learned counsel for the State, Mr. Asif Khan, learned Additional Public Prosecutor.

(2.) Both the criminal appeals are directed against a common judgment of conviction, dated 24.02.2004 and order of sentence, dated 26.02.2004, passed by learned 4 th Additional Sessions Judge, Fast Track Court, Garhwa, in Sessions Trial No. 263 of 1987, whereby all the appellants have been convicted for the offence committed and punishable under Section 304/34 part II of the Indian Penal Code and awarded rigorous imprisonment for four years.

(3.) The prosecution case is based upon the fardbayen of Md. Salim (P.W.-7), recorded by Ram Naresh Singh, Officer-In-Charge of Nagar Untari police station on 14.06.1986 at around 02:00 hours in the night, at the door of Sirajuddin Sheikh. The informant has alleged that today, in the evening, the informant went to the house of his sister at village Siriyatungar at the house of Hamid Seikh. At around 06:00 P.M. Sirajuddin Mian, Seikh Gaffur Mian, Naju Mian, Ramjan Mian and Ishhaqu Mian, all resident of Koljhiki, came there and caught hold of the informant and have taken him with them, in spite of protest made by the informant. In the meantime, brother-in-law of the informant, Hamid Mian came there for rescue, who was chased by Naju Mian with dagger. It is alleged by the informant that his brother-in-law has fled away and the informant was taken by the accused persons to the village Koljhiki and threatened him to write "Talaknama" on a blank sheet, which was under duress written by the informant and thereafter, the informant was locked in a room and Sultan Mian was kept on duty to watch him. The informant has further alleged, that when police came there, he saw his father Zaki Rasool, brother Liyakat Hussain and other co-villagers namely, Tajmul Mian, Gulam Rasool Mian, Islamuddin, Amiruddin, Md. Naim and Kalim Mian in injured condition. They disclosed to the informant that above named accused persons along with Alimuddin, Latif Mian, Imam Ali and other co-villagers, have assaulted them by means of lathi.