Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.28 of 1989 ----- Against the judgment of conviction and order of sentence dated 12.01.1989 passed by Sri Shyam Deo Singh, IInd Additional Sessions Judge, Bhagalpur in Sessions Case No. 301 of 1981. =============================================== 1. Anisuddin son of Sobrati Mian 2. Md.Yusuf son of Anisuddin 3. Maqsud Mian son of Sobrati Mian 4. Md.Nizamuddin son of Sajit Mian 5. Alis Mian son of Sabul Mian 6. Wajuddin Mian son of Malloo Mian 7. Md.Hadis son of Sobrati Mian 8. Hasim Mian son of Hanif Mian 9. Md.Muslim son of Malloo Mian 10. Gulam Rasool son of Salogi Mian 11. Md.Ajim son of Maloo Mian 12. Sk.Mustakeem son of Sk.Asmat 13. Yakub son of Salogi Mian 14. Mahmood Mian son of Imamuddin 15. Samsuddin son of Maloo Mian 16. Hayul son of Dallu Mian 17. Md.Tauhid son of Dallu Mian 18. Md.Hanif son of Mohar Mian 19. Md.Sarfuddin son of Dallu Mian 20. Md.quasim son of Hanif Mian 21. Nasim Mian son of Hanif Mian 22. Md.Tanbir son of Gulam Rasool 23. Md.Farooq son of Gulam Rasool, all are residents of village Arkatta, Tola Tarapur, P.S.Barahat, District Bhagalpur 24. Rasool Mian son of Jamat Ali,resident of village Pania, P.S.Barahat, District Bhagalpur .... .... Appellants Versus The State of Bihar .... . . . Respondent =============================================== Appearance : For the Appellants : M/s Krishna Mohan and Praveen Kumar,Advocates For the Respondent : Ms Shashi Bala Verma,APP =============================================== Patna High Court CR. APP (DB) No.28 of 1989 dt.05-04-2012 2 CORAM:HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per:HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 05-04-2012 -------- All the above twenty four appellants have impugned the judgment dated 12.01.1989 passed by IInd Additional Sessions Judge, Bhagalpur in Sessions Case No. 301 of 1981 holding all the appellants guilty under [STATUTE] and sentencing each of them to undergo rigorous imprisonment for life. Appellants Md.Quasim, Hayul, Md.Hanif and Rasool Mian were further found guilty under [STATUTE] and for that they were sentenced to undergo rigorous imprisonment for one year each and rest twenty appellants were further found guilty under [STATUTE] and for that they were sentenced to undergo rigorous imprisonment for six months each. Appellants Md.Hanif, Samsuddin, Hasim Mian, Rasool Mian, Alis Mian, Maqsud Mian, Md.Quasim, Md. Farooq, Sk. Mustakeen, Mohmood Mian, Md.Hadis and Patna High Court CR. APP (DB) No.28 of 1989 dt.05-04-2012 3 Wajuddin Mian were further found guilty under [STATUTE] and for that they were sentenced to undergo rigorous imprisonment for six months each. All the sentences were ordered to run concurrently. 2. Thirty one years earlier on 09.03.1981 at about Noon an offence was committed which resulted into Banka P.S.Case No. 0057 dated 10.03.1981 under [STATUTE] on the basis of fardbeyan (Ext.4) of Md.Alamgir recorded at 3.30 P.M. at Barahat Police Station by S.C.Das, ASI of Police (P.W.14). The informant Md.Alamgir is son of Abul Hassan (deceased of the case). He alleges that on 09.03.1981 at Noon he was irrigating his land from Budhwa Govt. Bandh which is situated on the western side of the village. Accused Samsuddin Mian of village Arkatta went there and closed the out-let of the Bandh and told that he would not allow the informant to irrigate from that Bandh. The informant tried to open the out-let of the Bandh again, upon this Samsuddin started abusing Patna High Court CR. APP (DB) No.28 of 1989 dt.05-04-2012 4 him and started raising hulla calling his persons. On the said cry, all the above twenty three accused reached there armed with traditional weapons such as Gajbana, Farsa, arrow, lathi etc. At the sight of accused persons with weapons, the informant ran away towards his village raising alarm but he was chased by the accused persons and when he reached near the house of Jalis Mian, on his hulla the villagers including his father (Abul Hasan, the deceased) arrived there. Then the accused persons started throwing brick-bats and shooting arrows causing injuries to the informant and informant’s father and others who came after hearing shouts of the informant. Accused Quasim Mian was having farsa and he inflicted a farsa blow on the head of the informant. Accused Hanif Mian was having Gajbana, accused Heyaul Mian and Nezamuddin were having arrow and bows and the rest were having lathis. The accused persons who were having lathis assaulted them. Rasool Mian inflicted injury by Gajbana to Khairul Mian in his left hand-finger. The injured were taken to Patna High Court CR. APP (DB) No.28 of 1989 dt.05-04-2012 5 Baunsi Hospital for treatment. The fardbeyan was recorded and the same was forwarded to Banka police for registering a case. The Banka police registered a formal F.I.R. (Ext.5). The investigation was taken up. As the offences were bailable, so the accused persons granted privilege of bail but when the injured Abul Hassan died during treatment on 19.03.1981, [STATUTE] was added. In course of investigation, the inquest report containing the signatures of Md. Shabbir and Md.Jahangir (Exts. 1/3 and 1/4 respectively) and seizure list of bows were prepared. Three injury reports (Ext. 6 to 6/2), X-ray report (Ext.8),Bed Head ticket (Ext.9) and the post mortem report (Ext.2) were obtained. Statements of the witnesses were taken and after completion of investigation, chargesheet was submitted. Cognizance was taken and the case was committed to the court of Sessions. There after appearance of the accused persons, charges under [STATUTE] against all the accused persons, charge under Patna High Court CR. APP (DB) No.28 of 1989 dt.05

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.