Pradeep Kumar, J. - (1.) HEARD the learned Counsel for the appellants and learned Counsel for the state.
(2.) THE instant appeal is directed against the common judgment of conviction and order of sentence dated 15.10.2001 passed by Sri B.Z. Ansari, 2nd Additional Sessions Judge, Lohardaga in Sessions Trial No. 18 of 1988 by which judgment appellant Nabul Hassan was found guilty Under Section 324 I.P.C. Further, the remaining appellants were found guilty Under Section 324/149 I.P.C. Lastly, all the accused -appellants have been found guilty Under Section 148 of the I.P.C. All the appellants have been sentenced to undergo R.I. for 2 years under each sections. However, all the sentences were directed to run concurrently. It is submitted by learned Counsel for the appellants that it will appear from the prosecution evidence that there was old enmity between both the parties with regard to the dispute of Masjid and earlier for the death of brother of appellant, Nabul Hassan a murder case was also filed against the informant -Sainul Khan and as such the instant case is a counter blast of earlier case and in fact no such occurrence took place and as such the conviction of the appellants are bad in law and fit to be set aside.
(3.) ON the other hand, learned Counsel for the state has supported the prosecution case and stated that although there is a admitted enmity between both the parties, but, in fact all the appellants made an attempt on the lives of the informant and Nabul Hassan fired upon him which hit the other witness namely Mir Salim, who got some injury on his thigh and as such all the appellants have rightly been convicted and sentenced as aforesaid.;