ISMAIL MIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) There is one appellant each in these two appeals. The appellant in Cr. Appeal No. 99/ 98, Ismail Mia has been convicted under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment tor life. The appellant in Cr. Appeal No. 173/98, Mumtaz Mia has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life.

(2.) The appellants were put on trial in connection with an occurrence which took place on 29.5.95 outside the house of the informant, Razzak Mian, of village Baradih within Hilsa Police Station of Nalanda district. As per the fardbeyan lodged at 3.00 A.M. on 29/30.5.95, at 8 P.M. the informant and his elder brother Ibrahim Mian took their meal and were making preparation for going to bed outside the Darwaza of his house when the appellants came there and started abusing them. Ibrahim Mian objected to their calling names on which the appellant Ismail Mia caught hold of him and appellant Mumtaz Mia gave Pasuli below and cut his neck. Ibrahim Mia fell down injured and died instantaneously. Thereafter the appellants fled away. On shout raised by him, Md. Noor Hasan, Anwar Mian and several other villagers came there and saw the occurrence. The informant disclosed that the cause of occurrence was old enmity.

(3.) The fardbeyan was recorded by Sub-Inspector Dashrath Ram who held inquest, took steps for the post mortem of the dead body, examined the witnesses and finally after completing necessary formalities submitted chargesheet against the appellants.