- (1.) The appellants along with others were charged and tried for the offences under Sections 147, 148, 149, 323, 426, 452, 302 & 34 of the Indian Penal Code. By the impugned judgment learned trial Court has found the appellants guilty only for the charge under Section 323 and has convicted them and sentenced to undergo six months R.I.
(2.) The informant of the case Wahid Miya is the father of deceased. The F.I.R. was registered on the basis of his fardbeyan. The prosecution case, in brief, is that on 28.03.1983 at .about 5 p.m. while his son Chutur @ Chutur Miya was coming back from the tank situated in the southwest of the village after easing himself and came neat the house of Aziz Miya, the accused-appellants namely Amir Hamja, Jainuddin, Dost Mohammad, Bhutkul Mian all armed with Tangi, Farsa and Ballam chased the deceased Chutur Miya. Other accused namely Kurcha Miya (appellant No. 1), Bahru Miya (appellant No. 2), Doman Miya (appellant No. 3) and Chakla Miya (appellant No. 4) armed with lathi also arrived there and chased the deceased Chutur Miya. Chutur Miya, in order to save his life entered into the house of Aziz Miya. The accused Amir Hamja, Jainuddin, Dost Mohammad and Bhutkul Mian broke open the door of the room with Tangi, dragged Chatur out and assaulted him with deadly weapons in their hands. Chutur Miya sustained severe injury and succumbed to death.
(3.) The defence of the appellants is that they have been falsely implicated due to previous enmity and that Chutur was a criminal and was murdered in a dacoity.;