AFZAL MIAN Vs. HARUN MIAN

JUDGEMENT

(1.) Heard learned counsel for the appellants and the counsel for the State, learned A.P.P. Sri Ashwini Kumar Sinha in Criminal Appeal (DB) No.788 of 2014 and Dr. Mayanand Jha in Criminal Appeal (DB) No.839 of 2014. Perused the lower court records and with consent of the parties proceed to dispose of the two Appeals.

(2.) Criminal Appeal (DB) No.788 of 2014 is directed against the Judgment/Order dated 28/29.08.2014 passed by Ad hoc Additional District and Sessions Judge-I, Bagaha, District-West Champaran in Sessions Trial No.360/A/2011 whereunder the two appellants in the said appeal have been convicted for the offences under Sections 302/34 of the Penal Code and sentenced to undergo R.I. for life as also to pay fine of Rs.10,000/- each. Both these appellants have also been convicted under Section 27 of the Arms Act with a direction to undergo R.I. for three years with further direction to pay fine of Rs.3000/- each, in default of payment of fine to suffer imprisonment for further six months. The other Criminal Appeal (DB) No.839 of 2014 is directed against the Judgment/Order dated 28/29.08.2014 passed by the same learned court in Sessions Trial No.360/2011, whereunder sole appellant has been convicted for the offences under Sections 302/34 of the Penal Code and 27 of the Arms Act and sentenced to undergo R.I. for life for the offences under Sections 302/34 of the Penal Code with a further direction to pay fine of Rs.10,000/- and to undergo R.I. for three years under Section 27 of the Arms Act with fine of Rs.1000/-, in default of payment of fine to suffer further R.I. for six months. The sentences passed in both the Judgments/Orders have been directed to run concurrently. Both the Sessions Trials/Criminal Appeals are arising out of Ramnagar P.S. Case No.279 of 2009.

(3.) Prosecution case as set out in the fardbeyan of Gyasuddin Ansari, the deceased, is that he was at his residence on 11.11.2009 around 07.30 P.M. and after having taken meal was sitting at the entrance of his house. While he was so sitting, Harun Mian and Islam Mian alongwith one unknown came to his residence armed with gun and resorted to firing causing injury on his waist, left hand and fled away. The firing was resorted to by the aforesaid two named and one unknown because of land dispute. Gyasuddin having suffered gunshot injury was taken to Ramnagar Primary Health Centre where he recorded his fardbeyan before Ram Padarath Jha, A.S.I. Ramnagar P.S. (not examined). The doctor who attended Gyasuddin Ansari at Primary Health Centre referred him for better treatment to the hospital at Bettiah where he succumbed to the injury. The post-mortem of Gyasuddin Ansari was performed by Dr. Nikhil Kumar at Bettiah on 12.11.2009 at 10.05 A.M. vide post-mortem report (Ext.3) which indicates that he died on account of gunshot injury. After the death of Gyasuddin Ansari Section 302 of the Penal Code was added to the F.I.R., as the case was earlier registered for the offences under Sections 307/34 of the Penal Code and 27 of the Arms Act. The Officer Incharge Ramnagar P.S., Vinay Kumar Singh, conducted the investigation and submitted first chargesheet dated 01.02.2010 against Harun Mian. Later, Krishnanand Jha submitted supplementary chargesheet on 31.05.2011 against Islam Mian and Afzal Mian, who was not even named in the First Information Report. In the light of the chargesheet cognizance was taken and after supply of the police paper case was committed to the court of sessions. Charge against Islam Mian was framed under order dated 23.05.2011 in Sessions Trial No.360 of 2011 and charge against Afzal Mian and Harun Mian was framed under order dated 26.05.2011 in Sessions Trial No.360/A/2011 to which Islam Mian, Afzal Mian, Harun Mian pleaded not guilty and claimed to be tried.