MD GULJAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted and sentenced to rigorous imprisonment for life under Section 396 IPC vide judgment of conviction and order of sentence dated 27.6.2006 and 28.6.2006 respectively passed by the learned Additional Sessions Judge, FTC-1, Purnea in Sessions Trial No. 144 of 2004, T. R. No. 12 of 2004 arising out of Dhamdaha P. S. Case No. 26 of 2003 corresponding to G. R. No. 300 of 2003.

(2.) The prosecution case, in brief, is that in the night of 20.2.2003 the informant Md. Sakib (P.W. 6) was sleeping with the members of his family. In the meantime, at about 11 P.M. there was sound of firing. He came out from his room to Varanda and saw that his father-in-law Md. Mojib (deceased) who were sleeping on Varanda was hit by fire shot and he ran away towards brinjal field. On arrival of the informant on varanda Md. Gulzar (appellant), Md. Obej, Md. Salauddin , Md. Wakil, Md. Kuchhus, Md. Moin, Md. Mangal and 4-5 others surrounded him and entered into his room. They took Rs.16,000/- from his box and also took away another box containing cloth. Nosepin of his wife Momina Khatoon (P.W. 3) was also taken away by them. It is further alleged that the aforesaid criminals threatened the members of the family not to raise alarm, failing which they would be killed. After committing the offence, all of them escaped towards south-western side of the house. Thereafter, informant raised alarm. Co-villagers gathered and they came to brinjal field and saw that his father-in-law Md. Mojib had fire shot injury in his back and was lying there. He was taken to Referable Hospital Dhamdaha where the doctor declared him dead. It has been claimed that informant and members of family of deceased were able to identify the criminals as well as their looted articles. Fard beyan (Ext. 1) of the informant was recorded by S. I. R. K. Dubey (P.W. 8), Officer-in-charge of Dhamdaha police station on 21.2.2003 at 1.30 hours at Dhokwafool Tola. The fard beyan was witnessed by Tazmul (P.W. 5) and Md. Naim Akhtar (not examined).

(3.) On the basis of the fardbeyan Dhamdaha P. S. Case No. 26 of 2003 was registered under Section 396 IPC against seven accused persons. After investigation charge-sheet was submitted against the appellant under Section 396 IPC. Cognizance was taken and the case was committed to the court of session. Charges were framed against the sole accused for the offence punishable under Section 396 IPC to which he denied and claimed to be tried. So, the trial proceeded against the appellant and after trial he has been convicted and sentenced by the impugned judgment.