ILIYAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Md. lliyas was convicted and sentenced to undergo rigorous imprisonment for two years, seven years and two years respectively under Sections 148, 307 and 324 of the Indian Penal Code (hereinafter to be referred to as the Code), the appellant Abdul Halim was convicted and sentenced to undergo rigorous imprisonment for seven years, two years and seven years respectively under Sections 307, 148 and 326 of the Code and the appellants Israel Shah, Md. Bhullah, Hare Ram Rai, Nayeem Mian, Shamim Mian, Bhola Rai, Mahavir Yadav and Domi Rai were convicted and sentenced to undergo rigorous imprisonment for seven years each and one year each respectively under Sections 307/149 and 147 of the Code vide the judgment and order dated 5 -4 -1990 passed by Sri Bal Govind Prasad, III, Additional Sessions Judge, Saharsa in sessions trial Number 25 of 1984.

(2.) IT would be relevant and convenient to reproduce, in brief, the facts of the case. The informant Mazloom Mian (P.W. 1) on 12 -3 -1983 went to the house of Jagdhar Yadav for obtaining some loan from him. As he was not available at his house the informant set -out for his home. On way to his house he happened to see Md. Jainul (P.W. 3) who was returning home from Nawhatta market with kerosene oil which he had purchased there. Both P.W. 1 and P.W. 3 proceeded to their village home. No sooner had they arrived at the place of occurrence situated on the eastern bank of the river Chanan than the appellant and some other unknown miscreants who were all armed with various lethal weapons intercepted and surrounded them. The appellant Mahavir Yadav ordered and instigated the miscreants including the appellants to kill both P.W. 1 and P.W. 2 saying that they were men of Md. Phul Hassan, in pursuance of his order and instigation the appellant Md. lliyas triggered off arrow hitting the head of the informant as a result of which he sustained injury and the appellant Israel Shah and Kamleshwar Yadav (since dead) assaulted him with lathi. The appellant Abdul Halim also shot arrow as a result of which P.W. 3 sustained injury on right side of his abdomen. P.W. 2 Bashir Ahmad and P.W. 5 Md. Salim rushed to save them but they were also assaulted by the appellants Md. Bhulla and Hare Ram Rai with lathi P.W. 5 Salim Mian also sustained arrow injury on his abdomen at the hand of the appellant Md. Israel. Modi Yadav, Badri Rai (P.W. 10), Dharmraj Yadav (P.W. 6), Abdul Rahim (P.W. 7) and Ors. arrived at the scene of occurrence and they witnessed the incident leading to assault on the victims.

(3.) THE incident referred to above took place at about 2.00 p.m. The informant lodged the F.I.R. (Ext. 1) at about 5.30 p.m. on the same day. On the basis of exhibit -1 Nawhatta P.S. Case No. 30/83 giving rise to the instant case was registered, investigation was taken up by P.W. 11 Sri Krishna Rai. After recording the statement of the informant he saw injuries on the person of the victims and he issued injury slips and sent the victims along with the injury slips to the hospital for their examination and treatment. He inspected the place of occurrence and recorded the statements of the witnesses and after completing investigation he submitted the charge -sheet and finally the trial commenced after commitment.