D.P.SINGH, J. - (1.) THE sole appellant Saharuddin Mian has preferred this appeal against the judgment and order dated 7.8.2002 and 8.8.2002 passed by Shri Kumar Kamal, Additional Sessions Judge, F.T.C. -1. Bermo at Tenughat in Sessions Trial No. 326 of 1987 whereby and whereunder the appellant has been convicted under Section 326 of the Indian Penal Code and has been sentenced to undergo R.I. for five years.
(2.) BRIEF facts leading to this appeal are that in the morning of 18.11.1986 the informant Sultan Ansari returned to his house in village Barki Punu P.S. Mahuwatand Distt. Giridih after taking bath in village pond to find the appellant along with Asgar Mian standing in front of his house, abusing his father and others. Further stated when PW -4 Alizan Mian eldest uncle of the informant came out of his house, both the accused named above asked others in all fifteen persons to assault him armed variously with Lathi. Bhala, Farsa and swords started assaulting the said Alizan Mian. The informant tried to rescue his uncle when he was also assaulted with sword by accused Samsuddin Mian resulting in cut injury on his right hand including amputation of one finger. Further stated that on alarm raised by the injured persons Samsuddin Mian and Sikandar Mian came out of the house who was also given blows with sharp cutting weapon, when her aunt Mehurna Bibi tried to save her husband she was also assaulted. According to the informant, accused persons have been carrying grudge against them and earlier also tried to assault them. His statement was recorded by SI G.D. Singh of Mahuwatand on the basis of which Mahuwatand P.S. Case No. 48 of 1986, dated 18.11.1986 was registered under various section including Sections 307, 323, 324, 147, 148 and 149 of the Indian Penal Code against 19 persons. The case of the appellant was committed to the Court of Sessions for trial. During the pendency of the trial, two accused persons died. In all 17 accused persons were charged for offences under Sections 149, 307 and 326 of the Indian Penal Code. Accused Jiyaruddin Mian and Samsuddin Mian were separately charged for these offences while the appellant Saharuddin along with sixteen others were charged jointly for these offences. The defence taken by the appellant and other accused persons was previous enmity due to land dispute and further counter case lodged by them in which they were also assaulted by the informant party resulting in injuries on five persons caused by sharp cutting weapon as well as hard and blunt substance.
(3.) THE learned trial Court after examining the witnesses and protracted trial for sixteen years found and held the appellant guilty under Section 326 of the Indian Penal Code while all others accused persons were acquitted of the charges giving them benefit of doubt. The appellant was also acquitted of the charges under Sections 149 and 307 of the Indian Penal Code.;