MD KALIM KALIMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 2.8.1995/5.8.1995 passed by the 3rd Additional District and Sessions Judge, Nalanda at Bihashariff in Sessions Trial No. 359/72 of 1994 whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 27 of the Arms Act. However, no separate sentence has been awarded.

(2.) The prosecution case is that Salauddin took his deceased son. Aslam to the police station on 3.4.1994 and gave his fardbeyan that there was marriage of the daughter of Ibrahim Mian. At about 6.30 p.m. Rarat came. His son Aslam went to see the Rarat. He was standing at his door. Sohrab gave order to Md. Kalim, the appellant, to shoot Aslam on which Kalim Mian took out pistol from his waist and fired causing injury on the back of Aslam. He fell down and died. One Babloo was also standing there. He also sustained injury. The motive of the occurrence was old enmity. Akhtar and many other persons witnessed the occurrence.

(3.) On the aforesaid fardbeyan, a formal first information report was drawn, Investigation was taken up and on completion of investigation charge sheet was submitted in the Court. The Court took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellant, as indicated above.