YUNUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above three appeals have been heard together and are being disposed of by this judgment because they have arisen out of one occurrence dated 25.04.1981 wherein Md.Sulaiman was killed.

(2.) The judgment under challenge was passed by the learned Ist Additional Sessions Judge, Darbhanga on 22.08.1990 in Sessions Trial No. 22 of 1982/56 of 1987 whereby appellant Md.Farooque was found guilty under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and rest appellants namely, appellants Mojibur Rahman, Shafiullah, Mehdi Jan, Shakoor, Yunus, Ghaffar son of Jauhar Ali, Ghaffar son of Abid, Iliyas, Ayub alias Ayum, Suleman alias Baua, Mantu Yadav, Charitar Yadav, Nathuni Yadav, Panchu Yadav, Dhanu Yadav, Ramnath Yadav, Fakira alias Muhi Yadav, Maksudan Yadav and Habibur Rahman except accused Rajgir Yadav, Aziz, Firoz and Mushtaque, were found guilty under Section 302/149 of the Indian Penal Code and they were sentenced to undergo imprisonment for life. Appellant Md. Farooque was further found guilty under Section 148 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three years.

(3.) Fardbeyan (Exty.3) of Md.Mojibur Rahman (not examined) with regard to the occurrence was recorded at 10.30 P.M. on 25.04.1981 by P.W.12 Maheshwar Mahto, S.I. of Keoti police station at his residence wherein he has stated that at preceding 8.30 P.M. he had gone to recite Namaz along with Md. Jan (not examined), Md.Hassan (P.W.2), Md.Hashim (P.W.4), Md.Sulaiman (deceased), Md.Yunus (P.W.8), Saheb Jan (not examined) and Md. Tahir (P.W.1). They were inside the mosque. It was five minute to 8.30 P.M., then two cracker's sound were heard which were coming from southern side of mosque. The explosion was made by Md.Farooque son of Ghaffar and Ghaffar son of Abid. Just after hearing the sound of explosion, the persons present in the mosque came out and they asked Farooque and Ghaffar son of Abid not to do so. Upon this Ilyas and Ghaffar son of Jauhar Ali flashed their torches and thereafter a mob about 50 in numbers reached there. The informant amongst them identified Shafiullah, Mojibur Rahman son of Jauhar Ali, Habibur Rahman, Yunus, Abid, Mehdi Jan, Ayum and Shakoor armed with swords, gadasa, bhala and lathi. Besides them Mantu Yadav, Charitar Yadav, Nathuni Yadav, Dhanu Yadav, Ram Nath Yadav, Fakira Yadav alias Munni Yadav, Maksudan Yadav, Firoz, Muztaque, Aziz, Sulaiman alias Baua were also there. They were also having traditional weapons like lathi, bhala. Others were also present about whom the informant claimed to give their names later on. Upon informant and others, Ghaffar and Iliyas flashed their torches. Accused Mujibur Rahman gave a garasa blow on the head of Hafizur Rahman. Other members of the mob also assaulted Hafizur Rahman. Ghaffar son of Abid pulled down Md.Sulaiman and thereafter he was caught by others members of the mob. Farooque sat upon the chest of Md.Sulaiman and by means of sword he cut his neck. Sulaiman died on account of cut injury. Md.Hashim tried to intervene but he was assaulted by Md.Shafiullah by lathi which caused injury upon his hand. Md.Hashim was assaulted by the mob by means of bhala on the right thigh. Md.Yunus was assaulted on his head by Abid Mian by means of garasa and upon his head Sulaiman alias Baua assaulted with lathi. Mehdi Jan also assaulted him by lathi. The villagers came for rescue but they were chased and stones were pelted upon them. The informant saw the entire occurrence by concealing himself near the mosque.