Criminal Appeal (S.J.) No. 860 of 2006 [Against the Judgment of conviction 08.06.2026 and Order of sentence dated 09.06.2006 passed by learned Additional Sessions Judge-I, Rajmahal in Sessions Case No. 21 of 1998]

Futwa @ Mukhtar Alam, Son of Late Makshud Sheikh, resident of Koya Bazar, P.O. & P.S. – Rajmahal, District –

Sahibganj.

… … Appellant Versus The State of Jharkhand … … Respondent WITH Criminal Appeal (S.J.) No. 905 of 2006

1. Mashrul Sheikh, Son of Late Shutki Sheikh.

2. Abad Hussain, Son of Late Fasadu Sheikh.

All resident of Koya Bazar, P.O. & P.S. –

Rajmahal, District – Sahibganj.

… … Appellants Versus The State of Jharkhand … … Respondent WITH Criminal Appeal (S.J.) No. 973 of 2006 Mojaul Sk., Son of Mojaffar Sk., resident of Koila Bazar, P.S. – Rajmahal, District – Sahibganj.

… … Appellant Versus The State of Jharkhand … … Respondent WITH Criminal Appeal (S.J.) No. 1041 of 2006

1. Punni Sk. @ Multan Sk., Son of Late Rajmani Sk.

2. Taiyab Alam, Son of Md. Sahabuddin Sk.

Both are resident of Koila Bazar, P.S. –

Rajmahal, District – Sahibganj.

… … Appellants Versus The State of Jharkhand … … Respondent …..

For the Appellants : Mrs. J. Mazumdar, Advocate For the Respondent : Mr. Jitendra Pandey, A.P.P.

[In all cases].

…..

P R E S E N T HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

JUDGMENT

C.A.V. on 07.01.2025 Pronounced on 04.04.2025

1. Initially, Cr.A.(S.J.) No. 860 of 2006 was filed on behalf of four appellants namely, Sultan Sheikh, Fakir Mohammed, Ashu Sheikh and Futwa @ Mukhtar Alam, but during pendency of the appeal, Sultan Sheikh, Fakir Mohammed and Ashu Sheikh have died and the appeal with respect to appellants namely, Sultan Sheikh, Fakir Mohammed and Ashu Sheikh was abated in terms of order dated 13.04.2022.

2. Similarly, Cr.A.(S.J.) No. 905 of 2006 was filed on behalf of four appellants namely, Mashrul Sheikh, Taiyab Alam, Abad Hussain and Hasa Sheikh @ Hasna Sheikh, but the name of appellant no. 2 Taiyab Alam was deleted in terms of order dated 07.09.2006, as appellant no. 2, Taiyab Alam has preferred another appeal bearing Cr.A.(S.J.) No. 1041 of 2006. Thereafter, one of the appellants namely, Hasa Sheikh @ Hasna Sheikh has died and the appeal with respect to appellant namely, Hasa Sheikh @ Hasna Sheikh was abated in terms of order dated 07.01.2025.

3. Appeals of surviving appellants namely, (1) Futwa @

Mukhtar Alam (appellant in Cr.A.(S.J.) No. 860 of 2006), (2) Mashrul Sheikh and (3) Abad Hussain (appellants in Cr.A.(S.J.) No. 905 of 2006), (4) Mojaul Sheikh (appellant in Cr.A.(D.B.) No. 973 of 2006), (5) Punni Sk. @ Multan Sk. and (6) Taiyab Alam (appellants in Cr.A.(D.B.) No. 1041 of 2006).

4. Heard Mrs. J. Mazumdar, learned counsel appearing for the surviving appellants and Mr. Jitendra Pandey, learned A.P.P. appearing for the State in all appeals.

5. All the four criminal appeals have been directed against the common judgment of conviction dated 08.06.2006 and order of sentence dated 09.06.2006 passed by learned Additional Sessions Judge-I, Rajmahal in Sessions Case No. 21 of 1998, whereby and whereunder, the appellants have been held guilty for the offences under Sections 147, 148, 341, 323/149, 324/149, 326/149, 307/149, 337 and 504 of the I.P.C. and sentenced to undergo R.I. for six months for the offence under Section 147 of the I.P.C., further sentenced to undergo R.I. for one year for the offence under Section 148 of the I.P.C., further sentenced to undergo S.I. for one month for the offence under Section 341 of the I.P.C., further sentenced to undergo R.I. for six years for the offence under Sections 326/149 of the I.P.C., further sentenced to undergo R.I. for six years for the offence under Section 307/149 of the I.P.C., further sentenced to undergo S.I. for three months for the offence under Section 337 of the I.P.C. and further sentenced to undergo S.I. for six months for the offence under Section 504 of the I.P.C. All the sentences were directed to run concurrently. No sentence is awarded in respect of the cha