ANWAR SAHALIAS ANWAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal (DB) No. 527 of 1999 filed on behalf of Akhtar Sah @ Akhtar Hussain and Patna High Court CR. APP (DB) No.527 of 1999 dt.31-01-2012 2 Hasamuddin Sah @ Hasamuddin Sah and Cr. Appeal (DB) No.531 of 1999 filed on behalf of Anwar Sah @ Anwar Ali have been heard together because both the appeals have arisen out of a common judgment of conviction dated 12.10.1999 and order of sentence dated 14.10.1999 passed by the learned 6th Additional Sessions Judge, Siwan in Sessions Trial No. 158 of 1998 (Goria Khoti P. S. Case No. 80 of 1997) convicting the appellants Anwar Sah, Akhtar Sah @ Akhtar Hussain and Hasamuddin Sah under Section 302 /34 I.P.C. and sentencing them to undergo imprisonment for life.

(2.) JUST before noon on 23.9.1997 at 11.30 a.m. an occurrence has led to killing of Md. Arshad Sah. The occurrence was reported to the police through Fard Beyan (Ext. 3) of Akaramullah Sah (P.W. 6) which led to registration of Formal FIR (Ext. 5). Fard beyan of P. W. 6 was recorded at Goria Kothi hospital at 12.30 noon. It was alleged that at preceding 11.30 a.m. the informant was sitting on the Darwaja of Makbool Sah (not examined) along with others. The house was situated at a distance of 25-30 yards from the Mosque. Informant's father Abdullah Sah (P.W. 4) was sitting inside of the Mosuqe. Others were also there. Informant's younger brother Md. Arshad Sah (deceased) aged about 22 years was just outside the Mosque and at that time he was sleeping on a Cot. At that very time, Anwar Sah aged about 50 years, Akhtar Sah aged about 50 years and Hasamuddin Sah aged about 45 years came near Arshad Sah. Akhtar Sah caught the informant's brother Arshad and Anwar Sah attacked him through Garasi (a sharp cutting instrument). Attack was repeated causing injury on left side temporal region, ear and chin of Arshad. Arshad cried that he had been assaulted by Anwar Sah, Akhtar Sah and Hasamuddin. After seeing this, informant and others went near Arshad. Arshad was brought to Goria Kothi hospital for treatment where he succumbed to the injuries. The occurrence was witnessed by Md. Naem (P.W. 7), Gafar Sah (not examined), Razi Ahmad (P.W. 1) and others. The occurrence was in retaliation of a litigation with regard to the land.

(3.) THE defence of the appellant was of false implication on account of enmity from before which has been mentioned in the fard beyan itself. Their further defence was that in fact Md. Arshad was killed by stranger and as accused persons were having enmity so they were framed.