ANISUR REHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, who are three in number, have questioned the legality of the judgment and order dated 31.08.2001 passed by 1st Additional Sessions Judge, Buxar in Sessions Trial No. 183 of 1993 convicting and sentencing them to undergo rigorous imprisonment for life under Sections 302/34 of Indian Penal Code (in short "IPC") for committing the murder of Md. Umar.

(2.) The case of prosecution, as disclosed by the fardbeyan of informant Md. Usman (PW 2), in short, is that on 20.06.1993 at about 11.20 a.m., an altercation took place between Md. Umar, maternal uncle of informant on one side and his neighbours the appellants and Sheikh Ibrahim father of appellant Nezamur Rehman and grandfather of remaining two appellants on the other side in respect of a parti land in front of the house of Sheikh Umar when appellants were throwing earth on this land which was objected to by Sheikh Umar. At that time, appellant Nezamur Rehman had ordered to assault Sheikh Umar and Sheikh Umar then came in his room. On the same day at about 11.30 a.m., informant found Sheikh Ibrahim sitting on a cot on parti land and found all the three appellants coming out from the room of his maternal uncle Sheikh Umar and when he went inside the room, he found froth was coming out from the mouth of his maternal uncle and urine was also flowing and when he examined the pulse of his maternal uncle, he found him dead. The informant became convinced that the appellants had committed the murder of his maternal uncle by strangulation. About the motive, informant in Jardbeyan, stated that his maternal uncle Sheikh Md. Umar was having land dispute with Sheikh Ibrahim and Sheikh Jamalu and title suit was also pending in Court. About the occurrence, he stated in Jardbeyan that it was witnessed by Masood Alam (PW 1). On the basis of Jardbeyan of informant, formal first information report under Sections 302/34 of IPC was drawn and police, after investigation, submitted charge-sheet against all the three appellants under Sections 302/34 of IPC. Cognizance of the case was taken and the case was committed to the Court of Sessions where charges under Sections 302/34 of IPC were framed against the appellants who denied the charges and were put on trial and after trial, they were found guilty and were convicted and sentenced, as indicated above. The case of appellants, as it appears from the evidence of defence witnesses examined on their behalf and from the trend of cross-examination of prosecution witnesses, is of complete denial of charges and their false implication in this case on account of enmity.

(3.) In order to prove its case, prosecution has examined five witnesses in this case. Nurool Islam (PW 4) is the formal witness who has proved his signature (Exhibit-1/1) on Jardbeyan and his signature (Exhibit-1/2) on inquest report. He has also proved signature (Exhibit-1/3) of Masood Alam, another witness on inquest report. Dr. Shyam Sunder Singh (PW 3) is the doctor who held autopsy on the dead body of Sheikh Umar. Md. Usman (PW 2) is the informant. Masood Alam (PW 1) is said to be eye-witness of this case and Rajendra Singh (PW 5) is the Investigating Officer of this case.