AZIZ KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, live in number, have been convicted in the first instance for rioting, Chunmun, Moin Khan and Nisar Khan son of Hussaini under Section 148 of the Indian Penal, with three years' rigorous imprisonment each, and Aziz Khan and Nisar Khan, son of Asgnar, under Section 147, I. P. C., with a sentence of two years rigorous imprisonment each. Three of them, Chunmun, Moin and Nisar, son of Hussaini, have next been convicted and sentenced to life imprisonment each under Section 302 read with Section 34 as also under Section 302 read with Section 149 of the Code, with no separate sentence. The other two appellants, Aziz and Nisar, son of Asghar, have been convicted and sentenced to life imprisonment each under Section 302 read with Section 149 of the Code, Appellant Moin has been further convicted and sentenced to three years' ilgorous imprisonment under Section 324 and appellant Aziz has been further convicted and sentenced to three months' rigorous imprisonment under Section 323 of the Code. The sentences in each case are to run concurrently.

(2.) The occurrence involving two murders -- one of Amin of Ekhlaspur and the other of Gaffar Khan of Ghainpur --- and assaults of two other members of the prosecution party --- Moinuddin (P. W. 11) and Ghyasuddin (P. W. 2), both of Chainpur -- an committed in the same transaction, is said to have taken place after the mid-night at about 1.30 a. m. on 17-9-59. The place of occurrence as alleged, so tar as the murder of Amin is concerned, is near a cinema house in Bhabhua town, situated about half a mile from Bhabhua police station, and with respect to the murder of Gaffar and assaults on P. W.s' 11 and 2, paddy fields lying at a distance of about 500 yards to the north west of the cinema house, some 500 feet to the norm of the Government Farm there.

(3.) Among the members of the prosecution, party, who were seven in number, Amin, the deceased, and Rasul (P. W. 7), belonged to Ekhlaspur, situated about one mile from the cinema house and about three-fourths of a mile from the second place of occurrence, and the rest, Gaffar, the deceased, Ghyasuddin (P. W. 2), Munshi (P. W. 6), Jamaluddin (P. W. 10) and Moinuddin (P. W. 11), belonged to village Chainpur situated about 7 miles from Bhabhua. Sukra Mohammad Ansari (P. W. 1), who is the first inlormant in this case, also comes from Chainpur. Among the appellants, Aziz, Chunmun and Moin, come from Chainpur; Nisar, son. of Asghar, conies from Aral, police station Chainpur; and Nisar, son of Hussaini, from Bhabhua proper.