GUDDU MIAN @ ASHRAR AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant, Guddu Mian @ Ashrar Ahmad, has appealed the judgment and order passed by then learned Sessions Judge, Gopalganj on 24.1.2000 in Sessions Trial No. 157 of 1995 whereby he has been convicted u/s. 302 of the Indian Penal Code and sentenced to life imprisonment.

(2.) THE case of the prosecution is contained in the fard beyan of the informant, Anwarul Haque (RW. 4) in which he has alleged that on 13.5.1995 there was a marriage of the daughter of his co - villager, Nain Lohar. At about 7.30 P.M. Barat party had come at his house and he alongwith his grandson, Md. Anis besides villagers had assembled there to see the Barati. While the villagers and the members of Barat party were engaged in firing, the accused, Guddu Mian @ Ashrar Ahmad took out a country made pistol and fired at Md. Anis. The shot hit in his abdomen below chest and he fell down injured on the ground. He was tossing and bleeding profusely. He died on way to Sadar Hospital, Gopalganj. The wife of Mahboob Mian, Haseeb, Nurul hasan, RW. 3 and Manager Koiri witnessed the occurrence. The infomant further alleged that while the deceased, Md. Anis was studying at Patna the accused, Guddu Mian alias Ashrar Ahmad was also living there. The accused, Guddu Mian @ Ashrar Ahmad committed the murder of Anis because of some differences in between them.

(3.) THE appellant took a defence of his innocence and false implication in this case.