ARSHAD REZA KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 302 of the Penal Code and sentenced to rigorous imprisonment for life.

(2.) The prosecution was set in motion on the report of one Shah Neyaz Khan of Village Kundwa, P.S. Kesharia, District East Champaran (hereinafter referred to as 'the informant') On 21.6.1993 at 10.30 p.m. he stated before Sub-Inspector, R.B.Yadav at Primary Health Centre, Kesharia that on 19.6.1993 in the evening Firoz Khan son of Reyaz Ahmad Khan and Affaque Khan son of Tanvir Khan were playing lathi. In the meantime Arshad Reza Khan (the appellant herein) came there and slapped Firoz. The mother of Firoz asked him why he had slapped her son. Upon this, the appellant assaulted Firoz's mother and aunt and also abused them. On 21.6.1993 the informant asked the appellant why he had abused his mother and aunt and assaulted them. At this, the appellant threatened him and said that he would kill someone and went away. At 8.45 p.m. the informant's Uncle (Mama) Zafir Ahmad Khan called the appellant's father and questioned him regarding the occurrence. This made the appellant angry. Meanwhile the informant along with his brother Shah Newaj Khan, deceased of this case, was returning to his house from the bathan at about 9 p.m. When they reached near the house, the appellant suddenly came there and attacked Shah Newaj Khan with dagger causing injuries on his chest, stomach and back. Shah Newaj collapsed and fell down. The informant tried to save his brother but he was driven away by the appellant putting him in fear by dagger. The informant stated that he saw the occurrence in the light of the lantern burning at the darwqja of his house. He raised alarm upon which Ekram Khan, Sagir Ahmad Khan, Hazarat Ansari, Tajuddin Diwan and others came. Shah Newaj was taken to the hospital on a jeep. By the time they reached there he died.

(3.) On the basis of above report Kesaria P.S. Case No. 46/93 was registered under Section 302 of the Penal Code and the investigation commenced. S.I. Ram Bilash Yadav who had recorded the statement took up the investigation. He made inquest on the dead body of the deceased, took steps for its post-mortem and later recorded the statements of the witnesses. After completing necessary formalities he submitted charge-sheet against the appellant and he was thus put on trial.