SHAHID AKRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr.Udit Naryan Singh for the appellant and Mr. Ajay Mishra for the State.

(2.) The sole appellant stands convicted under Sec. 302 of the IPC and has been sentenced to undergo R.I. for the remainder of his life and a fine of Rs.50,000.00. The fine so realized from the appellant has been directed to be paid to Soni Khatoon, the widow of one of the deceased (Faiyaz) and in her absence, to her legal heirs vide judgment of conviction and order of sentence dtd. 3/2/2017 and 10/2/2017, respectively, passed in Sessions Trial No.482 of 2011 arising out of Majhaulia P.S. Case No.327 of 2010 by the learned 5th Addl. Sessions Judge, West Champaran.

(3.) The case of the prosecution is that after a discussion in the family in front of the Panches for partition of property, a dispute arose between three brothers, one being the appellant and the two others being the deceased, with respect to apportionment of family property. When the suggestion of the appellant that a land contiguous to the house owned by the brothers which stood in the name of Faiyaz, one of the deceased, be given to him was denied by the two other brothers, the appellant got enraged and attacked Faiyaz with a knife and when the other brother, namely, Neyaz came to the rescue of Faiyaz, he too was assaulted by knife. This led to the death of both the brothers (Faiyaz and Neyaz). The weapon of assault was handed over to the appellant by his wife / Mahe Ara, who has not been put to trial. After the occurrence, the appellant is said to have fled away with the weapon of assault. On the cries raised by the wife of Faiyaz / Soni Khatoon / P.W. 5, many persons of the neighbourhood arrived and attempted to take both the injured brothers to hospital for treatment; but both of them succumbed to the injuries a little later. Thereafter, their bodies were brought back to the house and police was informed. The father of P.W. 5, on being informed by her about the occurrence, arrived but only after the police had arrived.