KAMESHWAR PRASAD YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant was put on trial by the learned 7th Additional Sessions Judge, Bhagalpur after being charged with committing offences under Sections 148, 302/149, 379/149, 364/149 and 201/149 of the Indian Penal Code besides being charged also under Section 27 of the Arms Act. He was convicted of all the offences he had been charged with, except that under Section 379/149 of the Indian Penal Code. The appellant was heard on sentence on 9.11.2009 and was directed to suffer rigorous imprisonment for life under Sections 302/149 as also to pay a fine of Rs. 5,000/ - else to suffer simple imprisonment for six months. The order of sentence passed upon the appellant under Section 148 of the Indian Penal Code directed him to suffer rigorous imprisonment for three years. The appellant was directed to suffer rigorous imprisonment for five years and to pay a fine of Rs. 2,000/ - else to suffer simple imprisonment for three months on account of having been convicted under Sections 364/149 of the Indian Penal Code. As regards the conviction of the appellant under Sections 201/149 of the Indian Penal Code, the learned trial judge directed him to suffer rigorous imprisonment for five years and also to pay a fine of Rs. 2,000/ - else to suffer simple imprisonment for three months. On account of being found guilty of committing the offence under Section 27 of the Arms Act, the appellant was directed to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,000/ - else to suffer simple imprisonment for three months. The appellant has appealed against the judgment of conviction and order of sentence which was passed by the learned trial judge against him.

(2.) NASIRUDDIN (P.W.4) filed a typed report addressed to the Superintendent of Police, Bhagalpur alleging that on 24.10.1989 at about 3.30 P.M. a mob of 200 persons entered in the Gali near his house abusing persons of muslim community and at the same time exploding bombs. Hearing the hulla and the sound of explosion of bombs, he came out to find that his son Md. Qayumuddin @ Qayum, aged about 15 years had been caught by the rioters and this appellant fired at Md. Qayum as a result of which he fell down and started shouting. P.W.4 stated that when he and others attempted to save him, the rioters started firing indiscriminately and some of the shots had hit his wall. The mob dragged and took away Qayumuddin, the son of P.W.4.

(3.) AS regards the delay in lodging the report, the informant stated that curfew had been imposed and he could not reach the police station out of fear. While concluding his report, the informant stated that the rioters had looted away the properties from the shop of one Md. Nasir and had also set the same at fire as a result of which loss of Rs. 35,000/ - due to burning of the shop and further loss of Rs. 15,000/ - for burning the stationary shop of Md. Nasir had been caused to him.