HABBIBULLAH ALIAS MUNNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole-appellant has filed this appeal being aggrieved by the judgment of conviction and order of sentence dated 29.08.1991, passed by the Sessions Judge, Gopalganj in Sessions Trial No.205 of 1989, whereby the sole-appellant has been convicted under Section-302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The charge against the appellant was that on 08.03.1988 he had committed the murder of Quarban Ali by stabbing him on the back, outside the mosque in village Bisesarpur, Police Station Barauli, District Gopalganj. The appellant, having pleaded not guilty, was tried and convicted as noted above.

(3.) The prosecution case is that at about 6 pm on 08.03.1988, when Quarban Ali, the deceased was coming out of the mosque, after offering the evening prayer and bent down to wear his shoe, the appellant, Habibullah alias Munna allegedly came from the back and stabbed him, then the appellant tried stabbing again when Quarban Ali caught the knife injuring his left palm. The deceased, Quarban Ali shouted for help. The appellant, Habibullah alias Munna then ran away. Quarban Ali then ran some distance to the Dada Saheb Majar and fell down there. He was taken to the State Primary Health Centre at Barauli (hereinafter in short 'Barauli Hospital') where the doctor prepared the injury report and referred him to Sadar Hospital, Gopalganj, considering the grievous nature of injury. At the Barauli Hospital his statement was recorded by the Officer-in-Charge of Barauli Police Station. He was then taken to Gopalganj Sadar Hospital where in the next morning he died. State thus relies upon the statement as recorded by the Officer-in-Charge of Barauli Police Station of the victim as a dying declaration and also upon ocular evidence of the prosecution witnesses to establish the charge against the appellant. The Trial Court heavily relying upon the statement of the victim, which was registered as an F.I.R., has accepted the prosecution case and convicted the appellant. It is, thus, to be seen whether State/prosecution has, in fact, been able to establish its case.