MD. BADRUDDIN, SON OF MD. REAZUDDIN AND OTHERS ALL RESIDENT OF VILLAGE BAKARPUR, P.S. MOFFASIL, DISTRICT MUNGER Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 19.7.1999, passed by the 1 st Additional Sessions Judge, Munger in Sessions Case No. 205 of 1990. Out of the 12 accused persons, 7 have been convicted and 5 acquitted by the Trial Court judgment. The appellant Md. Mustaque and Md. Haidar have been sentenced to undergo R.I. for 10 years under Section 307 of the Indian Penal Code, each of them have been further sentenced to undergo R.I. for 3 years under Section 27 of the Arms Act and 2 years under Section 148 of the Indian Penal Code. The other appellants have been sentenced to undergo R.I. for 2 years under Section 148 of the Indian Penal Code.

(2.) The prosecution case as stated by P.W. 6 Umaruddin is that on the date of occurrence i.e. 31.5.1988 at about 5.30 P.M. the accused persons came to talk to him regarding the arrangement of a band. It is said that the brother of the informant had married the niece of the accused-appellant Md. Khalique and Md. Miraj. The accused persons came to the house of the informant armed with guns and rifles. They began to demand the presence of Md. Miraj, Md. Khalique and Md. Suleman as they wanted to settle some scores. The informant and the others were present in the house went to the roof of the house to protect Md. Miraj and others, whereupon it is alleged that Md. Sakir ordered Md. Mustaque to fire, whereupon Haidar and Mustaque fired which injured Md. Miraj. The informant and others raised alarm that Md. Miraj has died which led the accused persons to leave the place of occurrence. It is also alleged that during the said occurrence Md. Jalil was injured by a Bhala by one of the accused persons.

(3.) The defence of the appellants is that on the date of occurrence Md. Jalil was assaulted which led to filing of a criminal case by Md. Jalil in which he has alleged that the occurrence took place when Md. Jalil and others were attacked by the accused persons named in the First Information Report who incidentally are the witnesses in the present case. An explanation has been given that Md. Miraj got an injury, because while firing, the gun burst which led to injuries on his face and other places of his body, including his left forearm. The counter case has been proved by the appellant as Ext. B. The injury report has also been produced and proved as Ext. D. The charge sheet Ext. C of the said counter case has been numbered as Moffasil P.S. Case No. 206 of 1988, whereas the judgment in the counter case Exts. E and F by the High Court and the Trial Court had also been produced before the Trial Court. Out of the 9 witnesses examined in this case, P.W. 8 is the doctor and P.W. 9 is the Investigating Officer of this case. P.W. 6 is the informant, the others claim to be eye witnesses to the occurrence.