SK ILIAS Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to a judgment dated 5 th April, 1990 passed by Sessions Judge, Purnea in Sessions Trial No.41 of 1987 whereby and where under sole appellant Sk. Ilias alias Ilwa has been found guilty for an offence punishable under Section 302 of the IPC and sentenced to undergo R.I. for life.

(2.) Telltale of prosecution case begins with institution of First Information Report (Ext.-3) by Md. Ishaque (PW-5) wherein he had stated that on the same day when he along with his uncle Ainul, son of Sk. Himja Ali, had gone to market and had also visited toddy shop of Halim they had found appellant Md. Ilwa present since before. It has been alleged the appellant on seeing Md. Ainul, began to abuse him and had also threatened him of being taught a lesson then and there, for getting him disrobed of his lungi at Araria whereafter he also began to assault Ainul. But before it could have turned into a nasty event the situation was averted on the intervention of Sk. Halim the toddy shopkeeper who along with Md. Ajim and others had asked them to leave the place. According to the informant, they had proceeded from the toddy shop but no sooner they had covered a distance of 200 yards west therefrom and had reached on a road, the appellant, Ilwa having Chhura in his hand came running and pierced it in the left side of the chest of Md. Ainul as a result whereof he fell down and when the informant had tried to apprehend the appellant Ilwa, he too was inflicted Chhura blow leading to cut injuries in the fingures of his right hand. The informant had claimed while appellant Ilwa having caused injuries had fled away, Md. Ainul had met his instantaneous death at the spot. The motive for such occurrence in the fardbeyan of the informant is that in the previous month of Ramjan while his uncle Ainul (deceased) had gone to offer Alwida Namaz, the appellant Md. Ilwa had stolen away a wrist watch of a Maulwi and for that his body was searched by stripping of his clothes at the instance of deceased and during course thereof the aforesaid stolen wrist watch was recovered from his possession leading to his being severely reprimanded and thus the occurrence in question was committed by the appellant to avenge that humiliation suffered by him in the hands of the appellant.

(3.) On the basis of the aforesaid fardbeyan Jokihat P.S. Case No. 18 of 1986 was registered under Section 302 of the IPC whereupon the investigation commenced and the police after completing the same, had submitted a charge sheet which was followed by orders taking cognizance and commitment of the Court of Sessions whereafter completion of trial, he having been convicted by the impugned judgment has filed this appeal.