LAWS(PAT)-2011-12-96

AFZAL HUSSAIN AND ORS. Vs. STATE OF BIHAR

Decided On December 05, 2011
AFZAL HUSSAIN AND ORS Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Through the aforesaid four appeals, five appellants have challenged the judgment and order of conviction and sentence dated 25.2.2003 and 26.2.2003, respectively, passed by learned Additional Sessions Judge, FTC-IV, Sitamarhi, in Sessions Trial No. 225 of 1998/277 of 2002 whereby and whereunder all the five appellants have been held guilty for the charge under sections 302/149 of the IPC and sentenced to undergo imprisonment for life.

(2.) (i) Appellant Asgar Hussain has further been convicted under section 302 of the IPC and sentenced to undergo imprisonment for life. Rana Randhir Singh has further been convicted under sections 302/109 of the IPC and sentenced to undergo imprisonment for life.

(3.) The prosecution case emanates from the fardbeyan of Md. Tahsim Khan (P.W. 6) recorded by S.I., S.S. Rajhans at Emergency Ward of Sadar Hospital, Sitamarhi at 8 p.m. on 30.12.1997 to the effect that the informant's brother Md. Tanveer Khan @ Pappu (deceased) used to run a shoe store, namely, M/s Grand Shoe Store, at 15 yards west to Gandhi Chowk.