MOHDMURTAZA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mohammad Murtaza and Mohammad Imtiaz, the appellants, residents of Bhagalpur, stand convicted under Section 304 Part II of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for five years each. Their co-appellant Jharu Mistri has been sentenced to undergo rigorous imprisonment for three years under the same charge. Feeling aggrieved, they have preferred this appeal.

(2.) Abdul Samad, the deceased, was the father of informant Alauddin (P. W. 6), Md. Iqbal (P. W 3), Anisa Begum (P. W. 4) and Baby (P. W. 5). All of them were living in mohalla Dari Khanjarpur, Bhagalpur in March, 1982, ana even prior thereto. It appears that earlier to the occurrence Abdul Samad had borrowed some amount from the appellants, and subsequently a disputed had cropped up about its payment.

(3.) The prosecution version, in brief, is that on 16-3 -1982 at about 9 P. M., when Abdul Samad was taking his evening meals, the appellants had arrived there. At that time, P. W. 3 was away to the place of his work. After arriving, the appellants had indulged in exchange of hot words with Abdul Samad over the payment of loan amount. Then the appellants had started mahandling Abdul Samad by giving him slaps, fist and leg blow.s. P. W. 5 had then rushed out of the house and fetched her brother P. W. 3. Apart from inmates of the house, the occurrence was also witnessed by mohalladars like Naresh Rajak (P. W. 1), Md. Quasim (P. W. 2), Chander Pandit and Md. Hidayat. After committing the crime, the appellants had filed away.