STATE OF BIHAR Vs. MD SAHEBJAN

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.) DURING argument learned Counsel for the Appellant assailed the prosecution case on several points stating that the original fardbeyan of the case has not been brought on record and it has been substituted by a subsequently created fardbeyan. It was also submitted that the informant is not an eye witness and that the P.Ws. 2 and 3 who have claimed to have seen the Appellants fleeing away are not at all believable. Further submission was that the injury found on the deceased are not inconsonance with the injury as found by the doctor during post mortem examination. It was also submitted that the Appellants have been falsely implicated due to enmity and grudge arising out of the said F.I.R. under Supaul P.S. Case No. 246 of 2003 against informant's father Nunulal Yadav (deceased) by the informant Bindeshwari Yadav of that case, who happens to be the brother of Appellant Bhuneshwar Yadav. The points raised by the learned Counsel for the Appellant will be considered on discussing the evidence of the prosecution witnesses.