MD HAIDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals, as they are directed against the same judgment dated 7-8-2001 and order dated 9-8- 2001 passed by IInd Additional Sessions Judge, Nawadah in Sessions Trial No. 5 of 2000/2 of 2000 convicting Md. Haidar (appellant of Cr. Appeal No. 469 of 2001), Md. Suhail and Md. Vaish (both appellants of Cr. Appeal No. 508 of 2001) and sentencing each of them to undergo rigorous imprisonment for life under Section 302 of Indian Penal Code (in short "IPC") and rigorous imprisonment for three years under Section 27 of Arms Act, have been heard together and are being disposed of by this common judgment,

(2.) The brief facts of the case are that on 9-5-1999 at 9 p.m. Sub Inspector B Kumar, the then Officer-in-chargc of Akbarpur Police Station (not examined) recorded the Fard-e-bayan of informant Md. Tanveer Qamar alias Sanjay (P.W. 5) at Bundelkhand Outpost in which informant stated that on the same day at about 6 p.m. he and Md. Babloo were talking with each other sitting in Tarbanda field when Munna Mian came there and told that all the three appellants were searching for Md. Babloo and were saying that they would kill him. In the meantime, Md. Imran, Md. Burhan and Chand Khan came there. At about 6.30 pm. informant, Md. Babloo, Md. Imran, Chand Mian and Munna came to a road and boarded a bus. Munna got down from the bus at a place near school in spite of repeatedly asking by Md. Babloo not to do so. Informant suspected something when Munna left them in the way. Thereafter, they all got down from the vehicle at by-pass turning and went to the house of one Fakru who was not present in his house. Thereafter, they all came to a place near the garage of one Md. Wasim at about 7.15 p.m. where all the three appellants with two unknown persons came there and surrounded them and appellant Md. Haidar caught hold of Babloo and started assaulting him and took him to a place on old Patna Ranchi Road. Informant and his companions raised protest on which all the three appellants took out pistol from their waists and fired on Md. Babloo who fell down on the road. The informant escaped by running towards bypass road and in that process once he fell down and received injuries on his knee and finger of right foot. Babloo died at the spot. The informant further alleged in in his Fard-e-bayan that in a planned way, Munna had called them and appellants committed murder of Babloo on account of previous enmity. The Fard-e- bayan of informant was forwarded to Officer in-charge of Nawadah Town Police Station because place of occurrence was in his jurisdiction where a case was registered by drawing a formal first information report and after investigation, charge sheet against all the three appellants and Md. Munna, showing him absconder, was submitted. Cognizance of the case was taken and since Md. Munna was absconding so his case was separated and the case of appellants was committed to the Court of Session where charges under Section 302 of IPC and Section 27 of Arms Act were framed against them and after trial, they were held guilty and convicted and sentenced, as stated above.

(3.) The case of appellants, as it appears from the trend of cross-examination of prosecution witnesses, is complete denial of alegations and their false implication in this ease. No witness on behalf of appellants has been examined.