MD. MUNNA @ MUSTAFA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Md. Munna @ Mustafa, who has been found guilty for an offence punishable under Section 307/34 and 341 of the I.P.C. vide judgment of conviction dated 12.07.2000 and has been directed to undergo rigorous imprisonment for four years under Section 307/34 of the I.P.C. However, no separate sentence has been passed in relation to Section 341 of the I.P.C. vide order of sentence dated 14.07.2000 by the 2nd Additional Sessions Judge, Darbhanga in Sessions Trial No. 269 of 1998 has challenged the same under present appeal.

(2.) Prosecution case, in brief, as is evident from written report submitted by Sanjeev Kumar Jha (PW-7) on 23.11.1997, putting an allegation that on the same day at about 5.00 a.m., while he was at his Darwaza, Md. Munna @ Mustafa, son of Md. Wakil resident of village-Bastawara and Ali Ahmad Naddaf of village Sobhan came near him and Md. Munna @ Mustafa began to abuse as well as also threatened of dire consequences as he had deposed against him relating to a dacoity case having committed at the house of Ram Babu Sah and further, directed to sworn an affidavit failing which, will be murdered. During midst thereof, Ali Ahmad Naddaf took out pistol and fired by saying that he should be murdered, fortunately, the pistol gone out of order as a result of which, it was missed fire. He raised alarm over which they both escaped there from, however, were chased by the villagers and Md. Munna @ Mustafa was apprehended while Ali Ahmad Naddaf succeeded in his escape along with pistol. Furthermore, the aforesaid written report discloses production of the accused/appellant.

(3.) On the basis of the aforesaid written report (Exhibit-1), Simri P. S. Case no. 93 of 1997 was instituted whereupon investigation commenced and after concluding the same, charge-sheet was submitted on account of which appellant had faced trial before the learned lower Court meeting with ultimate result, the subject matter of instant appeal.