MD. ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant Criminal Appeal is directed against the Judgment of conviction dated 30.8.1997 and Order of sentence dated 1.9.1997 passed by the 1st Additional Sessions Judge, Katihar, in Sessions Trial No.173 of 1990, whereby the appellant, Md. Alam, was convicted for the offence under Sections 148 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years for the offence under Section 307 of the Indian Penal Code and further one year for the offence under Section 148 of the Indian Penal Code with a direction to run both the sentences concurrently.

(2.) THE prosecution case as set out in the written report (Ext.2) of the informant, Ravindra Singh (P.W.8) is that on 12.8.1989, the informant being the conductor of Arunanchal Bus bearing Registration No.BRK -5165 proceeded with the Bus from Katihar for Kursela. At about 3.30 P.M. when the Bus reached near village - Gonbara, ahead of Fulwaria Chowk, some persons armed with bhala, lathi, farsa, were seen standing on the road and on their directions, Bus was stopped. They made demand of Rs.101/ - as contribution but the informant gave only Rs.5/ - as contribution and tried to proceed with the Bus but from the mob, appellant, Md. Alam, son of Late Kare Mian, resident of village - Gonbara, P.S. Korha, gave a farsa blow causing cut injury at right side of forehead of the informant. The others, namely, Mungeri, Insar and Mahendra Mochi, also caused injury to him by lathi. The names of the other accused, who were 15 - 20 in numbers, are not known but the informant claimed to identify them on seeing them. The mob, in course of retreating from there, took away his money bag containing Rs.400/ -. It is further stated that the passengers of the Bus, Driver and Khalasi caught hold of Mungeri, Insar and Mahendra Mochi and produced them to the police station. The occurrence has been witnessed by Pramod Thakur (P.W.5), Raj Ballabh Sahay (P.W.6), Mahim Singh (P.W.4), Basant Prasad Gupta (P.W.7), Khalasi Krishna Sah (P.W.3), Khalasi Krishnadeo Mandal (P.W.2) and the Driver Toofani (not examined).

(3.) AFTER submission of the chargesheet, cognizance of the offence was taken and, thereafter, the case was committed to the court of sessions for trial. On trial, through the impugned Judgment and Order, appellant has been convicted and sentenced as indicated above, whereas two others, namely, Sk. Mungeri and Md. Insar, were found guilty under Section 147 of the Indian Penal Code but instead of being sentenced, they were released under Section 4 of the Probation of Offenders Act with a direction to furnish a bond of Rs.1000/ - with one surety for a period of one year with a further direction to maintain peace and be of good behaviour during the aforesaid period of one year.