MD SAHEBJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appeals are against the judgment of conviction and sentence respectively dated 25.3.2009 and 27.3.2009 of the Addl. Sessions Judge, F.T.C. No. -III, Supaul in Sessions Trial No. 237 of 2006/197 of 2007, whereby Md. Sahebjan has been convicted under Sections 302/34, 201/34 of I.P.C. and Section 27 of the Arms Act and respectively sentenced to death, R.I. for five years and R.I. for three years. The Appellants Md. Sakir and Bhuneshwari have also been similarly convicted under Sections 302/34, 201/34 of I.P.C. and Section 27 of the Arms Act but they have been respectively sentenced to R.I. for life, R.I. for five years and R.I. for three years.

(2.) Death reference aforesaid is for confirmation of the death sentence passed to the convict Md. Sahebjan under Section 302/34 of I.P.C.

(3.) The prosecution case as set forth in the fardbeyan of the informant Vijay Yadav P.W. 8, as recorded by S.I., Arun Kumar on 2.8.2004 at 2.00 P.M. near the bank of river Kosi at Balba Bahiyar is that on 31.7.2004 at 8.00 A.M. the deceased Nunulal Yadav, the father of the informant had gone to Village-Nipta across the river for the purpose of procuring paddy seedlings and that on the next day at about 12.00 noon when he was unable to procure paddy seedlings he had come to the other side of the river for returning to his village and that after crossing the river on a boat when he alighted from the boat on the bank of the river for going to his village some criminals, who were ambushing nearby, chased him for capturing. The deceased fled away whereupon Md. Sahebjan (Appellant) shouted and ordered to shot, whereupon Lakshman Sada (he is not amongst the Appellants) fired his countrymade pistol hitting on the back of the deceased and, thereafter, Satnarayan Kamat (he is not amongst Appellants) fired his mascot hitting the deceased's body, as a result of which the deceased fell down. Then it was further alleged that Appellant Sahebjan went to the deceased and saying that he was then alive put his pistol touching the body of the deceased and fired a shot. The informant felt that the deceased had died as a result of assault. It was further alleged that Jakir and Appellant Sakir as well as Bindeshwari Yadav, Appellant Bhubneshwari Yadav and 6 to 7 other persons lifted the deceased and threw it in the river water. After throwing dead body into the river the accused persons stayed there for sometime. The informant further alleged that at that time he was scraping grass at a distance of about 200 yards south of the P.O. and that due to fear he did not move towards the deceased during the occurrence. He further alleged that after the fleeing of the accused, he shouted and hearing his cry Lalan Yadav (P.W. 3) and Siyaram Yadav, Siban Yadav, Deep Narayan Yadav and Vijay Yadav came there and that with their help he tried to search out the dead body from the river water but he was unable to trace it out. It was further alleged that on the next day When the police personnel of the local P.S. came there he gave out his fardbeyan which was recorded by the I.O. About the cause and motive for the occurrence he alleged that about 8 months ago Mukhiya Tej Narayan Yadav had been killed and in that case the supporters of deceased Tej Narayan Yadav suspected that Nunulal Yadav, deceased and his family members were involved in his murder and out of that grudge the supporters of Tej Narayan Yadav killed the deceased. During trial the defence has examined D.W. 1 Md. Badrujama who proved the F.I.R. of Supaul P.S. Case No. 246 of 2003 relating to the murder of said Mukhiya Tej Narayan Yadav lodged by informant Bindeshwari Yadav, brother of Appellant Bhubneshwari Yadav against Nunulal Yadav deceased of this case and others.