ABDUL SALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant Nos. 2, 3 and 4 have been convicted under Section 148 I.P.C. and ordered to pay a fine of Rs. 1000/- each in default of simple imprisonment for 2 months whereas the rest of the Appellants have been convicted under Section 147 I.P.C. and sentenced to pay a fine of Rs. 500/- each and in default of simple imprisonment for 1 month by a judgment dated 24.5.1995 by the learned Ist Additional Sessions Judge, Sitamarhi passed in Sessions Trial No. 414 of 1989.

(2.) The case of the prosecution is that on 19.11.1988 the accused persons came upon the dalan of the informant and they assaulted Tahir Husain, Mostt. Hasina Khatoon, Motiur Rahman. After investigation charge sheet was submitted under Section 307 I.P.C. and the Appellants were also charged for the offences under Sections 307/149 I.P.C. and 323 I.P.C.

(3.) After close of trial the Appellants were acquitted of the charges under Sections 307, 149 and 323 I.P.C. and were convicted only under Section 148 I.P.C.