MAINUL MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these four appeals arose out of one and the same judgment and order of conviction and sentence dated 28.6.2001 and 2.7.2001 recorded by Shri Prakash Kumar Jha, 6th Additional Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 301 of 1998 arising out of.Chanpatia (Sanichri) PS Case No. 19 of 1998 and as such they were heard together and are going to be disposed of by this common judgment.

(2.) THE appellants (hereinafter accused to be used for appellant) Md. Isha Dewan, Hasmullah Dewan, Mainul Mian, Naimullah Dewan and Md. Ishtehar were convicted under Sections 302/149 and 307/ 149 of the IPC (hereinafter to be referred to as the Code) and each of them was sentenced to undergo rigorous imprisonment for life under the first count and rigorous imprisonment for seven years under the second count. They were also convicted and sentenced to undergo rigorous imprisonment for one year each under Section 148 of the Code.

(3.) FARDBEYAN of Sharfuddin Dewan was recorded by Krishna Paswan, Assistant Sub -Inspector of police, Bettiah Town Police Station at about 11.00 a.m. on 2.2.1998 at the aforesaid hospital. The fardbeyan was transmitted to Sanichri Police Station and then to Chanpatia Police Station for registration of the case. On the basis of fardbeyan referred to above Chanpatia (Sanichri) PS Case No. 19 of 1998 was registered on 4.9.1998. Gajendra Prasad Singh (PW 10), Officer -Incharge of Sanichri Police station entrusted Sudarshan Prasad Singh (PW 8), Sub -Inspector of police with the task of conducting investigation. He reached the house of the informant late in the evening on 3.2.1998 and inspected the place of occurrence in the next morning, that is, on 4.2.1998. However, PW 10 took over charge of investigation from him on 4.2.1998 at the place of occurrence itself. He recorded statement of witnesses and handed over charge of investigation to Sanjay Kumar Malvia (PW 7), Sub -Inspector of Police, Sanichri Police Station, who, as the investigation was complete collected the post -mortem examination report and after complying with certain legal formalities submitted charge -sheet against the accused persons. As the accused Mokhtar was found to be juvenile his case was separated to face trial before the juvenile Court.