AHMAD ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, Ahmad Ali, has been convicted under Section 302 of the Penal Code and has been sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, as alleged in the fardbeyan of the informant, Jitendra Yadav (P.W. 9) recorded at village Biseni at the house of Shabeer Mian on 28.09.1998 at 09.30 p.m. before the Sub Inspector of Police of Muffasil Police Station that his grandfather, Jageshwar Yadav (deceased), aged about 75 years used to sleep in the house of Shabeer Mian as Shabeer Mian used to live at Aurangabad and the house was vacant. Further, the case is that on 28.09.1998 at 11.00 p.m. said Jageshwar Yadav after taking his meal went to the house of Shabeer Mian as usual and at 01.00 p.m. Susheel Pal (P.W. 4), Sunil Paswan (P.W. 6), Guna Sain (not examined), Rajdeo Pal (P.W. 3) made a hulla that one person of Nekta has assaulted Jageshwar Yadav by sword in the house of Shabeer Mian and is fleeing away. On the said hulla several people of the village collected and along with them the informant also ran to catch hold of the accused. Further, case is that all the persons chased the person to village Nekta and the said assailant entered into his house and closed the door. The prosecution party, however, surrounded the said house and disclosed the villagers of Nekta that the person has fled away after murdering Jageshwar Yadav then the villagers of village Nekta asked to call Dafadar and Chowkidar only then the door of assailant be opened. The informant and others sent one Shyam Lal Pal in the adjoining village Redia to call Dafadar and Shyam Lal Pal (not examined) called the Dafadar and before the said Dafadar the door was opened and the said assailant was found having the blood stained sword in his hand. The assailant was identified by the villagers as Ahmad Ali. The said blood stained sword was handed over to Dafadar, Mohiuddin (nod examined) and, thereafter, the informant returned, found several injuries on face and neck on the person of Jageshwar Yadav by sharp cutting weapon and is dismer with blood and has already died. It has further been stated that there is no motive for the occurrence.

(3.) On the fardbeyan of the informant first information report lodged and after investigation the charge sheet was submitted. The occurrence is dated 28.09.1998, the fardbeyan was also recorded on the same date and the first information report has been lodged on 29.09.1998 at 04.00 p.m. On submission of the charge sheet the cognizance was taken on 25.11.1998 and, thereafter, the case was committed to the Court of Session on 08.04.1999.