ABDUL REHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The eleven appellants and one Muzaffar Hussain were tried on the charge, under sections 302/149 of the Indian Penal Code, for the murder of Bilayat Ali. Muzaffar Hussain was, however, acquitted and the appellants were convicted and sentenced to R.I. for life.

(2.) Briefly stated, the prosecution case is that on 8/10/1973 at about 8 P.M. Bilayat Ali was returning to his home from Kolasi Mela along with his co-villagers Siddique Hussain, P.W.1, Muzaffar Hussain, P.W. 8 and Anisur Rahman, P.W.11. When they reached near a bridge the accused persons variously armed with lathi, Bhala appeared and surrounded them and started assaulting Bilayat Ali. When Siddique, Muzaffar and Anisur intervened they were threatened on which Muzaffar and Anisur fled towards the Meta while Siddique fled towards the village and went to the house of Bilayat Ali and narrated about the occurrence to his son Abdul Haque, P.W.2 who rushed to the place of occurrence along with his uncles Abid Ali, P.W.5, Rushtam Ali, P.W.7, other villagers and Siddique, P.W. 1. Meanwhile; Chaukidar Amrit Turi, P.W. 4 Dr. Aminuddin, P.W. 3 and Dafadar also arrived there. Dr. Aminuddin gave first aid to Bilayat Ali arid asked Abdul Haque to remove his father to the hospital. On a qurry by Dr. Aminuddin, Bilayat Ali disclosed the name of the assailants to him. While Bilayat Ali was being taken to the hospital he died on the way.

(3.) In the morning, Abdul Haque went to the Police station and submitted a written report (Ext.1) about the occurrence, on the basis of which First Information Report, Ext.4, was drawn up and police took up investigation of the case. After the charge sheet and cognizance, the case was committed to the court of sessions for trial.