IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.524 of 2014

Arising Out of PS. Case No.-88 Year-2012 Thana- KUDHNI District- Muzaffarpur

======================================================

Md. Shahnawaz Son of Md. Usman Resident of Village Luki Nandlalpur, P.S-

Kurhani Turki O.P, District- Muzaffarpur.

... ... Appellant

Versus

The State Of Bihar

... ... Respondent

======================================================

with

CRIMINAL APPEAL (DB) No. 499 of 2014

Arising Out of PS. Case No.-88 Year-2012 Thana- KUDHNI District- Muzaffarpur

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Md. Sahin @ Md. Shahid Son of Md. Usman Resident of Village-Luki

Nandlalpur, P.S.-Kurhani Turki O.P., District-Muzaffarpur.

... ... Appellant

Versus

The State Of Bihar

... ... Respondent

======================================================

Appearance :

(In both Appeals)

For the Appellant/s

:

Mr. Surendra Kishore Thakur, Advocate

Mr. Subodh Kumar, Advocate

For the Respondent

:

Mr. Binay Krishna, Special P.P. (SC/ST)

======================================================

CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE KHATIM REZA

C.A.V. JUDGMENT

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

Date : 12-04-2023

Both these appeals have been preferred against the same

judgment of conviction dated 11.03.2014 and order of sentence

dated 13.03.2014 passed by learned 1^st Additional Sessions Judge-

cum-Special Judge, SC/ST, Muzaffarpur, in S.T. No. 379 of

Patna High Court CR. APP (DB) No.524 of 2014 dt.12-04-2023

2/15

2012/Tr. No. 30 of 2012 and accordingly they have been heard

together and are being disposed of by the present common

judgment and order.

2. By the impugned judgment and order, the appellants

have been convicted and sentenced as under: -

Cr. Appeal (D.B.) No. 524 of 2014

Convicted under Sections

Sentence

Imprisonment

Fine (Rs.) In default of

fine

Sole appellant (Md.

Shahnawaz)

302/34 of the Indian Penal

Code

Life

10,000/-

Six months

simple

imprisonment

3(ii)(v) of Scheduled

Castes and Scheduled

Tribes (Prevention of

Atrocities) Act, 1989

Life

10,000/-

Six months

simple

imprisonment

Cr. Appeal (D.B.) No. 499 of 2014

Sole appellant (Md. Sahin

@ Md. Shahid)

302/34 of the Indian Penal

Code

Life

10,000/-

Six months

simple

imprisonment

3(ii)(v) of Scheduled

Castes and Scheduled

Tribes (Prevention of

Atrocities) Act, 1989

Life

10,000/-

Six months

simple

imprisonment

3. The sentences have been ordered to run concurrently.

4. Heard Mr. Surendra Kishore Thakur, learned

Counsel appearing on behalf of the appellants and Mr. Binay

Krishna, learned Special Public Prosecutor (SC/ST) representing

the State.

5. Fardbeyan of the informant, Sarbjit Ram (PW 9), who

is the son of the deceased, recorded by the Station House Officer

(SHO) of Turki Out Post, is the basis for registration of the

Patna High Court CR. APP (DB) No.524 of 2014 dt.12-04-2023

3/15

concerned Kudhni P.S. Case No. 88 of 2012 on 06.05.2012. It is

the prosecution’s case that the deceased was engaged in the

business of selling toddy in his village. For the renovation of a

Hindu temple (Brahmasthan),

situated in village Lukki

Nandlalpur, the Hindus were collecting contributions from

amongst themselves. The deceased had also contributed. Adjacent

to the said Brahmasthan and over some part of it, there was about

seven kathas of government land, which was being used by

members of Muslim community as graveyard for burial. On the

date of occurrence, i.e., 05.05.2012, at 7 PM, the appellants, who

are full brothers, had gone to the toddy shop of the deceased and

taking abusively his caste name, they accosted him for making

contribution for renovation of Brahmasthan. They attempted to

assault the deceased also, but he, somehow or the other was

rescued by others. The deceased came back h