SHEIKH MAQBOOL Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Sheikh Maqbool was found guilty by the learned trial court of having committed offences under section 302 of the Indian Penal Code and 27 of the Arms Act and was convicted as such, having been sentenced to imprisonment for life for the former offence, though under Arms Act no separate sentence was awarded.

(2.) THE facts of the case, in short, as coming out of the first information report by Muslim Rain, are as follows '' On 20.4.1993 son of Muslim Rain, namely, Ashraf Rain along with co -villagers Md. Bashir Rain and Md. Reyasat Rain had proceeded towards brick kiln of Bajrang Sultania as they used to do every day, for working as 'reza '. After some time the informant followed them and when he reached near the brick kiln he heard a firing sound and saw the appellant fleeing away towards east who did not answer to the query of the informant as to what had happened. When he reached near the office of the brick kiln, he saw his son Ashraf Rain lying prostrate, dead, with blood oozing from his body. On being asked, Md. Bashir Rain and Md. Reyasat Rain told that appellant had asked the deceased to fetch water but on refusal to do that the appellant, who had with him pistol belonging to Sheikh Jamal, fired upon Ashraf Rain and fled away. Sheikh Jamal also fled away. Some witnesses were named in the first information report.

(3.) IN all twelve witnesses have been examined in the case out of whom P.W.1, Dr. Nand Kishore Vidyarthi is the one who had performed autopsy upon the dead body. P.W.2, Sadrul Ansari and P. W.3 Md. Jamaluddin who also was the uncle of the deceased, were witnesses to the seizures made by the Police who testified that from the shirt -pocket of the deceased, thirteen plastic 'pattis ' and iron 'repeat ' were recovered, which were seized vide seizure list, and they admitted their signatures thereupon. These two are not witnesses to the occurrence. However, P.W.2 has narrated the place of occurrence which was near a hut erected at the brick kiln, two cubits away from which he had seen blood on the ground. But he said that the soil there was not seized though P.W.3 claimed that soil was also seized. P.W.4 is Babuwan Yadav @ Babban Yadav, and PW.5 is Md. Reyasat Rain named in the first information report. P.W.6 is Khantar Prasad Yadav and P.W. 7 and 8 are Bechan Sah and Sheikh Ahmad. P.W.9, Muslim Ansari was tendered for cross -examination whereas P.W.10 is Md. Basir Rain. P.W.11 is Md. Muslim Rain, the informant. P.W.12 Promod Kumar Roy is the Investigating Officer.