JUMAN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Ten persons were named as accused by Bijali Mian, father of the deceased, namely, Jumrati Mian in Birani P.S. Case No. 114 of 1995, which was lodged under sections 147, 323, 341 and 324 IPC on the basis of a written information given by Samsuddin Ansari to the police on 21.11.1995. Later on, the offences under section 307 IPC and section 302 IPC were added in the report.

(2.) After the investigation, two charge-sheets were submitted, one against the accused persons, namely, Juman Mian, Chhathu Mian, Bariar @ Barar Mian, Budhan @ Budhu Mian, Shamim Bano, Jainab @ Jainabi Khatoon and another against Sakina Bibi, Bishani Khatoon and Hussain Mian. They have faced the trial on the charge under section 302/149 IPC; the accused namely, Juman Mian was charged separately under section 302 IPC. The accused persons namely, Bariar Mian @ Barar Mian, Chhathu Mian and Hussain Mian were also charged under section 324 IPC. Further, Bariar Mian is also charged under section 326 IPC.

(3.) During the trial, the prosecution has examined altogether sixteen witnesses; the informant is P.W. 5 and the doctor who has conducted the postmortem examination is P.W. 6.