ZAFFAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the aforesaid revision and criminal appeal have been directed against the common judgment dated 16. 4. 1996 rendered by Ram Nath. 1st Additional Sessions Judge, Saharsa, in Sessions Trial No. 173/87.

(2.) The revisionist is Rameshwar Poddar who was the informant of the Sessions case and the appellant is Zaffar Alam who was one of the accused of the Sessions case and who was convicted for the offences under Sections 304 part I and 148, IPC and was Sentenced to undergo RI for 10 years for the offence under Section 304, IPC and was further sentenced to undergo R. I. for one year under Section 148. IPC. Both the sentences were directed to run concurrently.

(3.) It was submitted by the revisionistts lawyer that upon the same evidence adduced in the lower Court, the trial Court convicted one Zaffar Alam and acquitted the opposite parties 1 to 6 of the revision and so the order of acquittal passed by the trial Court is illegal and improper. Five eyewitnesses were examined in the lower Court and they had all supported the occurrence of the unlawful assembly and the occurrence in which one Mauji Poddar was killed by shooting; an arrow in his stomach by Zaffar Alam, one of the members of the unlawful assembly. The opposite parties of this revision were charged under Sections 302/149. IPC and some of them had also indulged in assault upon some members of the family of the informant. So, the order of acquittal recorded by the trial Court is fit to be revised.