AFROZ KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been preferred against the Judgment and Order dated 24th August, 1998 passed by the then learned Additional Sessions Judge -Vith, Rohtas at Sasaram in Sessions Trial No. 375/89, so they were heard together and are being disposed of by this common judgment.

(2.) THE appellant, Gama Khan, has been convicted and sentenced to R.I. for life under Section 302 of the I.P.C., 7 years under Section 307 of the I.P.C. and 2 years under Section 27 of the Arms Act. The appellant, Boda Khan, has been convicted and sentenced to R.I. for life under Section 302/149 of the I.P.C, 7 years under Section 307 of the I.P.C. and 2 years under Section 27 of the Arms Act. The appellants, Afroz Khan, Azhar Khan, Dulla Khan, Sanai Khan, Bais Khan, Jainuddin Khan and Mainuddin Khan, have been convicted and sentenced to R.l. for life under Sections 302/149 of the I.P.C. and 5 years under Sections 307/149 of the I.P.C. The appellants, Afroz Khan and Azhar Khan, have further been convicted and sentenced to R.I. for 4 years under Section 436 of the Indian Penal Code. The sentences awarded to the appellants, however, have been ordered to run concurrently.

(3.) ON the very date of occurrence, i.e., 1.1.1988 at about 6 P.M., S.I., I. Prasad, the Officer Incharge of Durgawati Police Station recorded the fardbeyan (Ext. No. 5) of the informant, Imamuddin Khan, in the P.O. village Karari, P.S. Durgawati, District Rohtas at Sasaram at the place of occurrence. On the basis of his fardbeyan a formal F.I.R. was drawn up and a case was registered under Sections 147/148/ 149/324/436/307/302 of the Indian Penal Code and Section 27 of the Arms Act, against all the nine accused persons, namely, Afroz Khan, Azhar Khan, Gama Khan, Boda Khan, Dulla Khan, Sanai Khan, Bais Khan, Jainuddin Khan and Mainuddin Khan. After completing the investigation police submitted chargesheet against all of them and on the basis of which they were put on trial which ultimately ended in their conviction and sentence as indicated above.