MOHD. HASHIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been preferred against the common judgment and order dated 27 -9 -1995 and 29 -9 -1995 respectively passed by the then Additional Sessions Judge, Chatra in Sessions Trial No. 34/93 whereby and where under both the appellants had been convicted under Sections 302 and 34 of the Indian Penal Code and sentenced to rigorous imprisonment for life.

(2.) A criminal case was lodged on the basis of the fardbeyan (Ext.3) made by PW8 Abdul Rauf to the effect that they were seven brothers including the informant and as per amicable partition amongst them each of them were residing with their families separately. Informant was School Teacher at the relevant time. He was under order of transfer from Jogiara to Paharjmr under Basisthnagar Police Station. According to the informant, the land and house of Md. Ezazul Haque @ Riaz appellant in Cr. Appeal No. .147/95 (R) was adjacent east to the Bari of the Informant. About a week ago since the date of lodging of the information accused Riaz Mian was putting fencing encroaching the land of the informant. On this the informant raised protest. On the date of occurrence, i.e. 19 -7 -1993 in the morning hours accused Riaz Mian was fixing a Pole within the land of the informant on which the informant raised his voice then the Riaz Mian threatened him but the informant did not take the threatening seriously as Riaz was his own brother. Then, the informant went to his school at Pratappur on a bicycle to bring his last pay certificate. While he was returning home, he was informed by PW2 Javed and PW 5 Doma who was proceeding by a Motor Cycle informed him that his son Imran Tarik @ Saheb was murdered by the accused -appellants alongwith another Md. Akub Mian. On hearing the news, he gave his bicycle to Doma and came to the house on the motor cycle, he found his son Saheb lying in the Dhaba of his brother Faiyaz (PW9). His neck and ear were cut and much blood was found on the earth. There he knew from his wife Shabnam Pravin (PW 6) that at 11 a.m. deceased Saheb had taken his younger brother Sahbaz Alam aged about 3 years in the open ban of Md. Ali for attending himself for nature's call. Deceased Saheb was standing in the Dhaba of Faiyaz (PW 9). On hulla raised by Saheb, she came out and saw that accused -appellant Ezezul Haque @ Raiz was inflictil1g injuries by Fasuli on the neck of Saheb and accused Md. Akub and accused Hashim Mian @ Guddu were catching his hands. Saheb was found in the pool of blood. Md. Ali (PW 7) rushed there and saw the accused -persons killing the deceased and on his hulla other persons came but the accused -persons fled away with the blood -stained Fasuli towards the east. On going near to Saheb the wife of the informant found him dead. On the fardbeyan Ext.

(3.) THE defence case as is found from the cross -examination of the prosecution witnesses and the statement made under Section 313 of the Code of Criminal Procedure is of denial of prosecution case and the involvement of the accused -persons with the crime.