LAWS(SC)-2017-2-56

SHEIKH JUMAN Vs. STATE OF BIHAR

Decided On February 23, 2017
SHEIKH JUMAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 5th Oct., 2007 passed by the High Court of Judicature at Patna in Criminal Appeal Nos.122, 92, 98 and 123 of 2003, whereby the High Court while confirming the conviction of the appellants and the sentence of life term, commuted the death sentence of Sheikh Shamsul and Sheikh Gheyas, to imprisonment for life and dismissed the appeals.

(2.) The brief facts necessary to dispose of these appeals are that on 19.01.1991 at about 6:00 pm, one Askari (since deceased), who happened to be the nephew of the informant (PW14) was at his grocery shop when appellants armed with bomb explosives and guns came near his shop. Appellant Sheikh Shamsul hurled a bomb at the deceased and as a result of the explosion Askari fell down on the Gaddi of the shop. In the meanwhile, appellant Sheikh Ashfaq also attacked him by a bomb which hit him on the chest and exploded and consequently Askari died at the Gaddi itself. Informant's another nephew, namely, Mohd. Asad, who was at the Flour Mill just opposite the shop of Askari, hearing the sound of explosion came running to the shop and he was also attacked by a bomb by accused Sheikh Gheyas. Due to explosion Mohd. Asad sustained severe injury, fell down near the shop and became unconscious. Md. Vasir (PW1) who was standing there was also injured. On hearing the sound of the bomb explosion, villagers assembled there and appellants fled away towards North, firing shots in the air. Injured Mohd. Asad was taken to Bhagalpur hospital by the villagers in critical condition but he succumbed to injuries at the hospital on the same day.

(3.) Motive of the occurrence, according to first information report ('FIR'), is that two years prior to the occurrence, a case under Sec. 307 of Penal Code was filed by the informant against the appellants and they were threatening the informant to withdraw the case, otherwise they would eliminate the whole family.