WAKIF MIAN @ MAKAIYA MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard the learned counsel for the sole appellant, learned Additional Public Prosecutor (APP) and the learned counsel for the informant who has made a late appearance.

(2.) The appellant has been convicted by the learned Additional Sessions Judge II, Madhepura in Sessions Case No 8 of 1985 for an offence under Section 302 of Indian Penal Code (IPC) for causing the death of one Liyakat Mian and sentenced to life imprisonment. It may be mentioned here that there were three other accused persons who were chargesheeted for offence under Sections 302/34 of IPC but have been acquitted by the trial Court.

(3.) The prosecution case is based upon a Fardbayan of PW 4 which is Exhibit-1. In the Fardbayan, it is alleged that on 27.04.1984 early in the morning, the appellant Wakif Mian @ Makaiya Mian was affixing pegs for hoisting his thatched roof. This was objected to by Liyakat Mian who warned him that if he did not stop, he would report the matter to the police. Upon this, the appellant is said to have assaulted the deceased with farsa which he had in his hands because of which the deceased fell down. Other accused persons were also there armed with lathi. This statement was recorded by the Sub Inspector (SI) S N Prasad of Kumarkhand Police Station (PS), District Madhepura at about 6 am. Later first information report (FIR) was registered under Sections 307, 324 of IPC at about 7 pm on the same day.