GAFFAR MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred by the five appellants, who are all family members, against the judgment of conviction dated 06.09.1991 passed by the VIth Additional Sessions Judge, Nalanda at Biharsharif, by which they have all been convicted under Section 302/34 of the Indian Penal Code (for short 'I.P.C.') and by order dated 09.09.1991 the same court has sentenced appellants no. 1, 3 and 5 to life imprisonment, while appellant no.2 has been sentenced to five years' rigorous imprisonment and appellant no.4 has been sentenced to seven years' rigorous imprisonment.

(2.) At the very outset, we are surprised to notice how appellants no. 2 and 4 having been convicted under Section 302/34 of the I.P.C., they could be awarded sentences of less than life imprisonment by the trial court. However, notices were issued to them with regard to enhancement of the said sentences in the event of their conviction being upheld. The trial Judge upon being asked has apologized for the inadvertent mistake committed by him in awarding the said sentences to those appellants.

(3.) We may also notice here that the prosecution party and the accused are close agnates, as appellant no. 4 Abdul Gani Mian is the brother of the deceased Noor Mian's grand father. So far as the appellants are concerned, appellant no.4 appears to be the grand father of appellant no.5 Sattar Mian, appellant no.1 Gaffar Mian is the brother of Sattar Mian, appellant no. 2 Kolsum Khatoon is the wife of Sattar Mian, whereas, appellant no.3 Azim Mian is the son of appellant no.5. It may be noticed here that along with these appellants one Kalim Mian was also tried, but he died before the judgment. He was also the son of Sattar Mian and it is he, who had virtually given fatal blow to the deceased by piercing knife through his chest.