AYUB MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE aforesaid two appellants have preferred this appeal against the Judgment dated 9.1.2004 and order of conviction and sentence dated 12.1.2004 passed by Sri Surendra Nath Pandey, Ist Additional Sessions Judge, Jamtara, in Session Case No.438 of 2001 / 4 of 2003 whereby both the appellants have been convicted under Section 304 Part -II I.P.C and sentenced to undergo R.I. for seven years.

(2.) THE brief facts leading to this appeal is that on 15.3.01 at 9.30 P.M. Mazlum Mian (informant) gave his beyan at Mihizam Police Station stating therein that there was a quarrel between his daughter Makina Khatoon and daughter of Ali Hussain ( the appellant No.2) few days ago for taking bath in the pond. On 15.3.01 at 8.30 P.M. when the informant has gone to the house of his Uncle Ayub Mian for some help for the marriage of his daughter, his cousin Ali Hussain came out from his house and started abusing him. Hearing the Hulla, his younger brother Hussain Mian came there and protested Ayub Mian and Ali Hussain and told them not to abuse his brother. Ali Hussain and Ayub Mian went back to their house and thereafter Ayub came with a Tangi and Ali Hussain came armed with a Sabal and they started assaulting Hussain Mian who having injury on his head, fell down. When the informant went to protect his brother, he was also assaulted by the accused persons. On the basis of the fardbeyan, a case was instituted under Section 341, 323, 324and 307/34 I.P.C. Later on when Hussain Mian died, the charge was added under Section 302 I.P.C. against the accused persons.

(3.) THE prosecution has examined six witnesses and has proved the signature of Mazlum Mian Ext -1, Post -mortem report Ext -2, inquest report Ext -3, fardbeyan Ext -4, signature of Doctor S.Mondal Ext -5, signature of Mubarak Ansari on Ext -3 is Ext.3/1. The defence has produced four witnesses and has proved a map as Ext -A.