RAJA HUSSAIN Vs. STATE

JUDGEMENT

(1.) This jail appeal has been filed by accused-appellant Raza Hussain through Senior Superintendent, Central Jail, Varanasi against judgment and order dated 04.03.2006 passed by Sri Alla Rakkhey Khan, Additional Sessions Judge (FTC-I), Kushinagar at Padrauna in Sessions Trial No.56 of 2002, (State versus Raza Hussain), under Sections 302 and 324 IPC. By the impugned judgment accused-appellant has been convicted under Sections 302 and 324 IPC. Under Section 302 IPC, he has been sentenced to undergo life imprisonment along-with fine of Rs.25,000/-. In the event of default of payment of fine, he has to undergo further one year's simple Imprisonment. He has been sentenced to undergo three years Rigorous Imprisonment, under Section 324 IPC and also with a fine of Rs.5,000/-. In case of default in payment of fine, three months simple Imprisonment has to be suffered by him. Both the sentences have been directed to run concurrently.

(2.) The facts emanating from Fist Information Report (hereinafter referred to as "FIR") and the material available on record may briefly be stated as under for adjudication of this appeal:-

(3.) Informant Abdul Hannan, PW-1 son of Mukhtar Khan resident of village Dhanauji Khurd was village Pradhan. On 10.02.1990 at about 10:00 P.M., Raza Hussain younger brother of Abdul Haq son of Rasheed Miyan had come from Gauhati, (Assam) at the house of Abdul Haq. He called Abdul Haq and when Abdul Haq opened the door, Raza Hussain stabbed knife in his stomach. When his wife Husna Bano went to rescue him, accused stabbed her also in her stomach. On hearing noise, Zahrul Haq and his wife rushed to save them but Raza Hussain assaulted Zahrul Haq also with knife on his back. Thereafter, Raza Hussain could succeed in fleeing away after throwing the knife. On alarm being raised, Mohd. Hussain, Khurshid and many other persons of the village reached the place of occurrence and took injured persons to Fazilnagar Hospital, where they were medically examined. Noticing deteriorating condition of injured persons, Informant and others took them to Deoria Civil Hospital, where Doctors referred them to Medical College, Gorakhpur. All the injured were then taken to Medical College, Gorakhpur on 11.02.1990 in the morning. Due to strike of Doctors, injured could be not admitted or attended. Injured Smt. Husna Bano died at 09:00 A.M. and Abdul Haq at 09:30 A.M. on 11.02.1990 in the Hospital.