GULAM SAHID@RAJU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 23.12.1988 passed by the learned Sessions Judge, Begusarai in Sessions Case No. 80 of 1986 by which the sole appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life.

(2.) The prosecution case is based on the fardbeyan of Md. Akbar (PW-4), which was recorded on 8.8.1984 at 1.15 a.m. in Sadar Hospital, Begusarai by an S.I. of Begusarai Police Station, namely Ramanand Singh. The informant has alleged in his fardbeyan that he had come to the matrimonial house of his sister at village-Laduara on 7.8.1984 and his brother Md. Naeem had also come to his inlaws house at village-Laduara. His brother Md. Naeem was sleeping at the door of Md. Mansoor (brother-in-law of the informant) and he was awake. At about 10.30 p.m. the appellant came there armed with a pistol and fired at him causing gun-shot injury on his head. On the sound of firing, several co-villagers came and saw the appellant armed with a pistol running away from the place of occurrence. The informant has further claimed that the incident was witnessed by Shami Ahmad (P.W.-5), Ushman Mian (not examined), Muso Mian (not examined) and other. The victim became unconscious after sustaining gun-shot injury. He was carried to Sadar Hospital, Begusarai with aid of the aforesaid named persons, where he was undergoing treatment. The victim had not regained consciousness even at the time of recording of the fardbeyan and, thus, was not able to speak. The informant has also stated that the appellant and the deceased were known to each other and there was some dispute relating to transaction of money between them, as a result of which, the alleged offence was committed. The fardbeyan of the informant has been witnessed by Md. Ushman Mian (not examined) and Md. Naushad (P.W.-6). On the basis of aforesaid fardbeyan, a formal F.I.R. was registered being Muffasil P.S. Case No. 27 dated 8.8.1984 at 8.30 a.m. under Section 302 IPC and 27 of the Arms Act against the appellant and investigation was taken up.

(3.) On conclusion of the investigation, the police submitted charge sheet against the appellant. The learned Chief Judicial Magistrate after taking cognizance of the offence, committed the case to the court of sessions for trial. The trial court framed charge against the appellant under Section 302 of the Indian Penal Code for committing murder of Md. Naeem to which the appellant did not plead guilty and claimed to be tried.