MD. SAFIULLAH @ SAFULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises out of the judgment of conviction dated 18.6.1991 passed by the learned 2nd Additional Sessions Judge, Bhagalpur in Sessions Trial no. 182 of 1990 by which the two appellants were held guilty of offences under Sections 148 and 302 of the Indian Penal Code. The appellant Md. Safiullah @ Safullah was also convicted of offence under Section 3 of the Explosive Substances Act. The appellants were heard on sentence on the 27th of June, 1991 and both of them were directed to suffer rigorous imprisonment for two years and for life under each of two respective counts. Appellant Md. Manjul @ Md. Mozool was not sentenced under Section 3 of the Explosive Substances Act and it was directed that the sentence passed upon the appellants was to run concurrently.

(2.) TO challenge their conviction and the order of sentence passed upon them, the appellants have preferred the present appeal.

(3.) THE informant stated that he and his companion Sukar Mandal (P.W. 5) managed to escape but his other companion Jagdeo Mandal, the other deceased, could not run and as such he attempted to conceal himself in the paddy field, but sometimes after the informant heard the sound of two shots, and by that time, the informant had reached the village and narrated about the incident to another Muslim of the village and came to his relative Chaitu Mandal in village Khutaha where they stayed overnight. The next morning at about 9 A.M. some of his villagers, like, Jagdish Mandal (P.W. 1), Bhola Mandal (P.W.2), Ayodhi Mandal (not examined) and Jito Mandal (not examined) came in search of the informant and others when he narrated the incident to them and further came to the police station with them to lodge the case.