BAKRID MIAN AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) AT an initial stage, both the convicts namely Bakrid Mian @ Bakridan Dhobi and Hasnain Mian were the appellants, out of whom, on account of death of Bakrid Mian @ Bakridan Dhobi, instant appeal has been perceived abated vide order dated 16.02.2015 with regard to Bakrid Mian @ Bakridan Dhobi and on account thereof, instant appeal remains alive relating to sole appellant Hasnain Mian, who has been found guilty for an offence punishable under Section 326 of the I.P.C. and sentenced to undergo R.I. for four years as well as to pay a fine appertaining to Rs. 1,000/ - and in default thereof, to undergo R.I. for six months under Section 341 I.P.C. and directed to undergo R.I. for six months with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 12.12.2001 passed by the Presiding Officer, 1st Additional Sessions Judge, Fast Track Court, Siwan in connection with Sessions Trial No. 24 of 1992/10 of 2001, hence this appeal.

(2.) INJURED Ali Hussain (who has been examined as CW -1) gave his fard -beyan at Sadar Hospital, Siwan/where he was admitted on 21.05.1991 at about 7.00 p.m. disclosing therein that he happens to be three brothers. Eldest is Bakrid Mian, youngest is Hasnain Mian while he happens to be in middle. He had further stated that all the three brothers had jointly purchased 11 dhoors of land about 15 -20 years ago. Today, Panches were requisitioned for partition. His share has been carved out. Accordingly, he dug foundation and was putting brick particles therein. At about 4.00 p.m., Bakrid Mian and Hasnain Mian came at that very place and further, inquired from him why he had dug foundation without their permission, over which he replied as per verdict of the Panches, he has been engaged in such activity. During course thereof, his elder brother caught hold him and Hasnain pierced 'Chhura' in his stomach on account of which he became injured. Blood oozen out. He had fallen over ground. On hue and cry, Gutan Mian, Munna Mian came who have had seen the occurrence. Thereafter, Nemajuddin Mian as well as his wife Sahiba Khatoon lifted him to hospital where he was being treated.

(3.) APPELLANT /accused had pleaded innocence as well as false implication in his defence as is evident from mode of cross -examination as well as statement recorded under Section 313 of the Cr.P.C.