SHAMSHUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Seven Appellants have appealed against the judgment of conviction and order of sentence passed against them by the learned 6th Additional Sessions Judge, Chapra on 15.1.1994 and 17.1.1994 respectively in Sessions Trial Nos. 30 of 1992/114 of 1993. By the impugned judgment the Appellants Samsuddin, Jamil Akhtar and Md. Sazad. were found guilty of committing offence under Section 307 of the Indian Penal Code and whereas Appellants Samsuddin and Md. Sazad were directed to suffer rigorous imprisonment for seven years, Appellant No. 4 Jamil Akhtar was sentenced to suffer rigorous imprisonment for ten years. As regards Appellant Hasnain, Jabir Hussain, Md. Hasid and Saukat Ali they were found guilty of committing offences under Section 307/149 of the Indian Penal Code and each of them was directed to suffer rigorous imprisonment for seven years. Appellants Samsuddin, Jamil Akhtar, Md. Sazad, Md. Hasid and Saukat Ali were also found guilty of committing offences under Section 148 Indian Penal Code and each one of them was to suffer rigorous imprisonment for one year. Appellant Jabir Hussain was found guilty also of committing an offence under Sections 147 and 380 Indian Penal Code also in addition to being convicted under Section 307/149 Indian Penal Code and he was directed to suffer rigorous imprisonment' for six months and two years under Sections 147 and 380 Indian Penal Code respectively. As regards Appellant Hasnain he was also convicted under Section 380 Indian Penal Code and was directed to suffer rigorous imprisonment for two years.

(2.) The informant Matin Ahmad (P.W. 11) had given his fardbeyan in the Rajendra Surgical Ward of P.M.C.H. on 25.6.1991 alleging that he alongwith his brothers Rijwan (P.W. 7) and Moin Ahmad (P.W. 6) were talking together at his darwaja. The accused persons come there variously armed. It is stated that Appellants Saukat AN and Md. Hasid were armed with countrymade pistols and both of them ordered the remaining accused persons to kill them, upon which Appellant Jabir Hussain caughthold of Moin Ahmad (P.W. 6) and Appellant Hasnain caught hold of the informant (P.W. 11). Thereafter, Appellant Jamil Akhtar gave a blow with chura on Moin Ahmad (P.W. 6) on the left side of the neck which was up to the left ribcage and a wound was caused on that account. He gave another chura blow near umbilicus. On account of the above stabbing wounds P.W. 6 started bleeding profusely and fell unconscious. Appellant Samsuddin dealt blows with the same weapon, i.e., chhura, upon P.W. 11, the informant of the case on the right side of his neck, on his chin and right side of his abdomen and right hand as a result of which P.W. 11 started bleeding profusely and fell down there. As regards Rijwan (P.W. 7), it was stated that he was assaulted with chhura on his left ribcage and he also started bleeding from that wound. The occurrence was witnessed by P.W. 1 Majid Hussain and P.W. 2 Md. Jafir who were already there from before.

(3.) The informant stated that he and other injured were picked up by their family members and the informant did not know as to how and to which place the injured were shifted but on regaining his consciousness on 25th of June, 1991 he made his statement before the police officer in Rajendra Surgical Ward, P.M.C.H., Patna.