NAIMULLAH MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE both these appeals are directed against the judgment and order dated 9.2.1998 passed by Shri Shiveshwar Narain, 3rd Additional Sessions Judge, Bettiah in Sessions Trial No. 466 of 1996, they have been heard together and are being disposed of by this common judgment. By the aforesaid Judgment the trial court has convicted both the appellants under section 302/34 of the Indian Penal Code (hereinafter referred to as the Code) as well as under sections 25(1 -B) and 27 of the Arms Act and sentenced them each to undergo imprisonment for life under section 302/34 of the Code and rigorous imprisonment for one year each under each of sections 25 and 27 of the Arms Act and the appellant Nathu Mian was also convicted and sentenced to un dergo rigorous imprisonment for one year under section 379 of the Code, the sentences having been ordered to run concurrently.

(2.) DECEASED Ahmad Hussain left his home on a bicycle for Englishia Market at about 3.00 P.M. on 17.1.1995. He was carrying his licensee gun with him. After raking certain purchase he set out for his home. At about 5.00 P.M. he reached near the house of Bishundeo Kurmi of village Moti Tola enroute to his house. No sooner had he arrived there than the appellants along with Habib Mian, Shakoor Mian, Ramji Mahto, Md. Ali, Chhathu Yadav and Wakil Yadav having armed themselves with various lethal weapons including guns and Pnarsa intercepted and surrounded him. Appellant Nathu Mian opened fire upon him as a result of which he sustained injury and fell down. Thereafter appellant Naimullah Mian and Wakii Yadav shot at him.Shakoor Mian allegedly dealt a Pharsa blow on the deceased. The other miscreants referred to above also resorted to firing. The deceased succumbed to the injuries so inflicted on him instantaneously on the spot. The motive attributed behind the commission of murder of the deceased is said to be long drawn enmity between the parties.

(3.) INFORMANT Amin Mian (P.W. 7) and Anwar Hussain (P.W. 5) who happened to be the brothers of the deceased hearing sound of firing rushed to the place of occurrence. Other witnesses including P.W. 6 Saheb Hussain, son of the deceased, also arrived there. When P.Ws. 5 and 7 tried to intervene and save the deceased, they were chased and shot at, however, the shorts so fired did not hit them.