ABUL HASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Abdul Hassan, the sole appellant, is aggrieved by the judgment and order dated 31.7.1989 passed by the Sessions Judge, Muzaffarpur in Sessions Trial No. 148/1985 convicting and sentencing him to undergo R.I. for a period of six years under Section 304, Part I of the Indian Penal Code (in short, IPC).

(2.) The facts, as narrated in the fardbeyan (Ext. 3) in short, are that on 12.6.1983 the deceased Ramzan Mian returned along with his villager Md. Ibrahim (not examined) from Rupauli Bazar to his house situate at village Rupauli, P.S. Saraiya, District Muzaffarpur. At that time a kid of his she-goat strayed into the field of appellant and the appellant assaulted the kid with fists and kicks and went to his house. Most. Rasoolman, the daughter-in-law of deceased, told the deceased that the appellant had assaulted the kid. The deceased then uttered abuses in the name of appellant and also said that he would also not spare the she-goat or hen of the appellant if they would destroy his crop. His abuses were heard by the wife and daughter of appellant, who informed the appellant about it. The appellant thereafter carrying a 'barchhi' in one hand and 'bhala' in the other came to the house of deceased and started abusing him. Hanif Mian (PW 2), a neighbour of deceased, tried to stop the appellant and in the meantime deceased hearing the talks of appellant and Hanif Mian came out from his 'verandah' when the appellant gave a 'barchhi' blow on the left side of chest of deceased. The deceased caught hold of the appellant when the appellant carrying his 'bhala' fled away towards his house. The occurrence was seen by Kusum Khatoon (PW 1) wife of deceased, Amana Khatoon (PW 4) and Md. Ibrahim (not examined). The deceased after receiving injuries became unconscious and fell down. He was taken to Saraiya State Dispensary where he regained consciousness and his fardbeyan (Ext. 3) was recorded by A.S.I. Murli Singh (PW 8). About the motive of occurrence the deceased in fardbeyan has stated that there was some enmity between his wife and the wife of appellant. On the basis of fardbeyan, a formal FIR (Ext. 4) under Section 324, IPC was drawn against the appellant and the case was registered. Subsequently, the deceased succumbed to injury and Section 302, IPC was added to the FIR. After the investigation charge-sheet under Section 302, IPC was submitted against the appellant. Cognizance of the case was taken and the case was committed to the Court of Sessions where charge under Section 302, IPC was framed against the appellant. The appellant denied the charge.

(3.) The case of appellant as it appears from the trend of cross-examination of prosecution witnesses and from the evidence of witnesses examined on his behalf is that he has been falsely implicated in this case at the instance of one Dr. Mannan, who happens to be 'mama' of the wife of deceased and with whom the appellant had enmity. After trial the Court below held the appellant guilty under Section 304 Part I, IPC and, accordingly, convicted and sentenced him as indicated above.