KHURSID ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two Appellants, Khursid Alam and Jauad Hussain, were tried alongwith acquitted accused Jamil Ahmad by the learned 4th Additional Sessions Judge, Motihari, in Sessions Trial No. 71 of 1982/11 of 1987. Whereas two Appellants were charged for committing the offence under Section 302 of the Indian Penal Code, the acquitted accused, Jamil Ahmad, was charged under Section 302 read with Section 109 of the Penal Code. The two Appellants were held guilty by the learned Trial Judge by judgment dated 23rd March, 1988 of committing offence under Section 302 of the Penal Code and each of the two Appellants was directed to suffer rigorous imprisonment for life. That judgment and order of sentence is being assailed by the two Appellants before us.

(2.) One of the two deceased, namely, Sharful Khan, is the informant of the case. He stated before P.W. 7, S.I., Devendra Prasad, in his Fardbayan that a Panchayati had been convened at the residence of Dr. Sunil Kumar (P.W. 4) for resolving the dispute which had arisen on account of taking away the wristwatch of informant, Sharful Khan, by one Ramesh Chandra Asthana. The two deceased Sharful Khan and Imamul Hoda alias Bijali had gone to the house of Dr. Sunil Kumar (P.W. 4) so as to participate in the Panchayati in which the said Dr. Sunil Kumar and some other acquitted accused Jamil Ahmad and others like Badu Khan, Bhairo Singh, not accused, participated. Appellant Khurshid Alam and Appellant Jauad Hussain were also present. It was decided by the Panches that the informant, Sharful Khan, would get Rs. 400/- in lieu of the Seiko wristwatch which was valued at Rs. 700/- and that decision was accepted by the informant Sharful Khan.

(3.) The informant stated that when the Panchayati had dispersed, he alongwith the other deceased, Imamul Hoda Khan alias Bijali came out of the house of Dr. Sunil. When they were near the house of Radhika Raman the two Appellants dealt Chhura blows to the two deceased persons, as a result of which Imamul Hoda alias Bijali died at the spot. Sharful Khan was shifted to Motihari hospital and he gave his fardbayan (Exhibit-2) at Sadar Hospital, Motihari.