MD.ISHA NADAF Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Nasrul Hoda Khan appearing for the appellants as well as Mr. A.M.P Mehta, learned Additional Public Prosecutor for the State.

(2.) This appeal has been preferred by the appellants challenging the judgment of conviction dtd. 28/6/2006 and order of sentence dtd. 29/6/2006 passed by learned Additional Sessions Judge FTC No. 1, Darbhanga in Sessions Trial No. 204 of 1998 arising out of Jalley P.S. Case No. 37 of 1997, whereby and whereunder appellant No.1, namely, Md. Isha Nadaf and appellant No.2, namely, Anwarul Nadaf have been convicted for the offence punishable under Ss. 307 and 34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for 7 years.

(3.) The prosecution case according to fardbeyan(Ext-3) of Md. Anwar(P.W-12) in short, is that on 16/6/1997 Shafida Khatoon (P.W.-9) mother of this informant, in the morning, she was carrying dung-cake at few distance of her house. In the meantime, a hulla was raised that somebody after stabbing her, fled from the place of occurrence and she is lying on the ground. The informant on this hulla went there and saw that his mother was unconsciously lying on the ground in injured condition. Thereafter, with the help of others, the informant brought her mother to Jalley Hospital.