MD YUNUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is by the sole appellant who was convicted by judgment and order dated 26.06.1989 passed by Additional Sessions Judge VI, Purnea in Sessions Trial No 100 of 1986/118 of 1984 convicting this sole appellant under Sections 302/148 of Indian Penal Code (IPC) and sentencing him to life imprisonment for an offence under Section 302 IPC with no separate punishment for the offence under Section 148 of IPC. It may be mentioned here that while appellant was convicted, four other accused persons who were charged under Sections 302/149 of IPC were acquitted in the same trial. It may be noted that in the appeal before us, the informant also appeared and was permitted to assist.

(2.) The prosecution case starts with a Fardbayan of one Zubair Ahmad (PW 6) as recorded by Sub Inspector of Police, Araria Police Station camping at Madanpur. The said statement was recorded on 05.11.1981 at about 9.30 am at Madanpur, Police Station -- Araria, District -- Purnea. The case, as it appears from the Fardbayan, is that Zubair Ahmad, the informant (PW 6) had purchased about 5 decimals of land. The appellant Md Yunus had also purchased 5 decimals of adjacent land. It is alleged that on 03.11.1981, the informant had constructed a ridge in between the two lands which annoyed the appellant. It is further alleged that at about 8 am on 05.11.1981 when the informant''s father Md Islamuddin was returning to his house after irrigating his field, Md Yunus, the appellant and other accused persons started to assault his father first with hands and feet and then the appellant is alleged to have assaulted his father with a Samath (an implement used for crushing paddy) on the head as a result of which the skull was broken and, with profused bleeding, he fell down. Allegedly, in order to save himself, the appellant then set fire to his own house. Upon cry for help when others assembled, the appellant and other accused persons fled away. In the Fardbayan itself, it is mentioned that the incident was seen by Md Khenhar (PW 1), Sheikh Zahir (PW 2), Md Ilyas (PW 3), Sheikh Sayeed (PW 4) and Sheikh Siddique (PW 5). On basis of the said Fardbayan, as recorded on 05.11.1981 at 9.30 am, the first information report was registered on 06.11.1981 at 10 am at Araria Police Station giving rise to Araria Police Station Case No 465 of 1981 under Sections 147, 148, 323, 325, 307 of IPC.

(3.) Here, we may point out that the first information report is said to have been witnessed by two persons that is Md Zainul Abedin and Mokid, both residents of the place of occurrence.