MD. NAYEEM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Md. Nayeem (Cr. Appeal (D.B.) No. 398 of 2006) and Md. Khursheed (Cr. Appeal (D.B.) No. 526 of 2006) have assailed the judgment of conviction dated 29.4.2006 and order of sentence dated 2.5.2006 whereby convicts/appellants were found guilty under Section 120 B read with Section 302 of the IPC and were sentenced to undergo rigorous imprisonment for life. Altogether 12 persons were put on trial. Besides these appellants the persons put on trial were Umesh Dahlan, Raju Swanakar, Sujit Swanakar, Sonu Singh, Santosh Kumar Mehta, Sanjay Swanakar, Santosh Singh, Shashi Shekhar Singh Yadav @ Shashi Singh, Santosh Kumar Singh, and Md. Babloo Yadav. These appellants were held guilty, whereas, others were acquitted by Ist Additional Sessions Judge, Saharsa in Sessions Trial No. 122 of 2005/ Sessions Trial No. 196 of 2005.

(2.) Fardbeyan (Ext. 6) of Amar Nath Thakur (P.W. 2) led to registration of Saharsa (Sadar) P. S. Case No. 221 of 2004 dated 29.6.2004 under Sections 302/120(B)/34 IPC and 27 of the Arms Act against Babu Jha. The informant was an employee of Rajaram Khetan (deceased) and according to him Rajaram Khetan had wholesale business of medicine in the name and style of Tirupati Agency at Mahavir Chauk. It is alleged that on 29.6.2004 Rajaram Khetan told the informant that his mother informed him on telephone that she had been threatened and a demand of Rs.50,000/- has been made in lieu of life. She suggested him to return at the earliest. In the meanwhile, Munna Singh came and detailed about the information which has been received at about 8 pm. Munna Singh again came and Rajaram Khetan after closing the shop proceeded on his motorcycle and accused Munna Singh was pillion rider on two wheeler. The informant was also going on motorcycle. Two motorcycles proceeded. The informant got down, opened the first gate and entered inside the campus to open second gate. In the meanwhile, sound of firing was heard by the informant. Rajaram Khetan raised alarm that he had been shot. The informant came back immediately and he saw a lean, thin and long statured person was escaping. The escaping person was just at some distance but he succeeded in escaping. The absconding person was Babu Jha. The informant with the help of witness brought Rajaram Khetan to the clinic of Dr. Isshar, who sent him to Sadar Hospital, Saharsa, but Rajaram Khetan succumbed to his injuries. A fortnight prior to the occurrence deceased was called by Babu Jha and demand of ransom was made. The fard beyan was recorded at Sadar hospital and after recording formal FIR, investigation proceeded, charge-sheet submitted, cognizance was taken and the case was committed to the court of sessions. Charge under Sections 302/34 and 120 B IPC was explained to 12 accused persons and they were charged that on 29 June 2004 at Krishna Nagar, Batraha, Police Station Saharsa. and District Saharsa in furtherance of common intention committed murder of Rajaram Khetan. The accused pleaded innocence and so the trial proceeded.

(3.) Before trial court the prosecution has examined Anil Kumar Singh as P. W. 1, informant Amar Nath Thakur as P. W. 2, Hira Lahari as P. W. 3, Uma Shankar Khetan, father of the deceased as P. W. 4, Binit Kumar Jha as P. W. 5, Chakarbarti Prasad Keshari as P. W. 6, Krishna Kanahiya Khatan as P. W. 7, Raghav Pd. Singh as P. W. 8, Gautam Kumar as P. W. 9, Pankaj Kumar Gupta as P. W. 10, Dr. Sachidanand Roy, who held the post mortem examination upon the body of the deceased as P. W. 11, Sudhir Kumar Singh as P. W. 12, Anil Kumar Yadavendu- first Investigating Officer as P.W. 13, Ramanand Singh- 2 nd Investigating Officer as P.W. 14, Satrughan Pd. Gupta as P.W. 15, and Arun Kumar Yadav as P.W. 16.