EQBAL HUSSAIN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above cases have been heard together and are being disposed of by this common order.

(2.) HASNAIN Akhtar Khan (deceased) said to be the Lecturer in Gaya College, Gaya had come to his native village Belhari on 31st December, 1992. and just on the following day which was the New Years day, he went to Gangta Canal to celebrate New Years day little knowing that he will not celebrate next New Years day, as it is alleged that on the day of 1st January, 1993, shortly after return from picnic, while he was near the mosque in the village, Md. Eqbal Hussain Khan, the appellant, indulged in altercation with him taking him to task for responding conclusively, and shortly thereafter hurled a bomb when Hasnain Akhtar Khan dropped on the ground and died with profuse bleeding flowing from the wound, when some persons made endeavours to come near the dead -body, he threatened them of dire consequences and no one ventured to do so, and only after he made good escape, the family members and villagers came to the corpse and noticed Hasnain Akhtar Khan dead. The genesis of occurrence was said to be land dispute persisting between the parties and with these narrations, fardbeyan of Konain Akhtar Khan (P.W. 5) was recorded by the police which is the First Information Report registered at Raushanganj Police Station, Gaya, pursuant to recording of the fardbeyan, the investigation commenced and Sri A.K. Singh. Investigating Officer (P.W. 8) visited place of occurrence, prepared inquest report, sent the dead -body to mortuary for post -mortem examination, noticed dead -body in the pool of blood and copious blood near the place of occurrence, seized blood stained earth for which seizure memo was prepared by him, recorded statement of witnesses under Sec. 161 of the Code of Criminal Procedure, took step for apprehension of the appellant who was absconding, and on receipt of post -mortem report along with remanences of splinters of bomb found embedded in the dead -body of the deceased, on conclusion of investigation, laid charge -sheet before the Court and on committal to the Court of sessions, the appellant was put on trial.

(3.) THE defence of the appellant before the trial Court and also this Court had been the total innocence scribing false implication due to persisting land dispute between the parties and as for presence of dead -body of Hasnain Akhtar Khan near the mosque, it was pleaded that he sustained injury while coming from picnic and his dead -body was dropped near the mosque by some unidentified persons.