Abdul Salam and Others vs The State of Bihar

Anjana Prakash, J.—The Appellant Nos. 2, 3 and 4 have been convicted u/s 148 I.P.C. and ordered to pay a fine of Rs. 1000/- each in default of simple imprisonment for 2 months whereas the rest of the Appellants have been convicted u/s 147 I.P.C. and sentenced to pay a fine of Rs. 500/- each and in default of simple imprisonment for 1 month by a judgment dated 24.5.1995 by the learned Ist Additional Sessions Judge, Sitamarhi passed in Sessions Trial No. 414 of 1989.

The case of the prosecution is that on 19.11.1988 the accused persons came upon the dalan of the informant and they assaulted Tahir Husain, Mostt. Hasina Khatoon, Motiur Rahman. After investigation charge sheet was submitted u/s 307 I.P.C. and the Appellants were also charged for the offences under Sections 307/149 I.P.C. and 323 I.P.C.

After close of trial the Appellants were acquitted of the charges under Sections 307, 149 and 323 I.P.C. and were convicted only u/s 148 I.P.C.

During trial the prosecution examined 8 witnesses in all out of whom P.W. 5 is the informant, P.W. 1 is his brother whereas P.W. 3, P.W. 4 and 6 are tendered witnesses and P.W. 2 is a formal witness, P.W. 8 is the doctor and P.W. 7 is the Investigating Officer, P.W. 1, 3, 4 and 5 fully supported the case of the prosecution but on going through the evidence, I find that a major portion of the version narrated by them has been disbelieved by the Court below as also that even though there was an allegation that Motiur Rehman and Hasina Khatoon were assaulted but they have not been examined. Similarly no injury was found on the person of Anzar.

In view of the substantial case of the prosecution having been disbelieved by the Court below, I am not inclined to accept the prosecution case and, therefore, the conviction of the Appellants cannot be sustained.

In the result, the appeal is allowed and the order of conviction and sentence passed against the Appellants by the learned Ist Additional Sessions Judge, Sitamarhi in Sessions Trial No. 414 of 1989 by the judgment dated 24.5.1995 are hereby set aside and they are acquitted of their respective charges. The Appellants are discharged for the liabilities from their respective bail bonds.