NANHAKI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Nanhaki Mian, has preferred this appeal against the judgment of conviction and order of sentence dated 19.08.2005 and 23.08.2005 respectively in Sessions Trial No. 237 of 2003 passed by the Additional Sessions Judge, F.T.C. III, West Champaran, Bettiah, by which the appellant was found guilty under Section 302 of the Indian Penal Code and 27 of the Arms Act. He was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of making fine he was to further undergo rigorous imprisonment for one year. He was further convicted and sentenced under Section 27 of the Arms Act to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/- and in default of making fine he was ordered to undergo further rigorous imprisonment for three months. Both the sentences were ordered to be run concurrently.

(2.) Exhibit-1 is the basis of the prosecution case, which is fardbeyan of P.W.7, the informant Md. Pappu, which was given in the evening of 04.05.2002. It was alleged that at about 5.00 P.M. on that date the informant was playing with his Baby (Bhagini) on the road. At that very time, Md. Nayeem, Md. Manoj, Md. Quaish, Ameen Mian, Pappu Mian and Nanhaki Mian (appellant) came there. Out of them, Nanhaki Mian was having country made gun. It has been further alleged that Nanhaki Mian put the country made gun on the head of the informant and asked him to communicate his brother that he should not venture towards the 'Masjid' otherwise he would be eliminated. The cousin sister of the informant informed the mother of the informant about this episode. Upon which, she came out from her house on the road and asked Nanhaki Mian as to why he would kill her son, rather he might kill her instead of her son. Upon this, the appellant Nanhaki Mian put his country made gun on the chest of the mother of the informant and fired causing her death on the spot.

(3.) The fardbeyan of the informant resulted in Bettiah Town P.S. Case No. 178 of 2002 under Sections 147, 148, 149, 302, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act against Nanhaki Mian and others.