ABID AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been preferred by the two appellants against the judgment of conviction dated 20.01.2007 and order of sentence dated 22.01.2007 passed by the 1st Addl. Sessions Judge, Darbhanga in Sessions Trial No. 338 of 2003. Cr. Appeal No. 694 of 2007 was preferred by them from jail wherein Md. Waliur Rahman was appointed as amicus curiae to assist the Court. Subsequently, Cr. Appeal No. 1095 of 2013 was preferred by the two appellants through counsel. Since nobody appeared on call on behalf of the appellants in the said appeal this Court appointed Mr. Niraj Kumar @ Sanidh as amicus curiae. In that view of the matter, the subsequent appeal of the appellants being Cr. Appeal No. 1095 of 2013 has become irrelevant if not completely infructuous and is dismissed as such.

(2.) APPELLANT Md. Abid (A/1) and appellant Md. Sakir (A/2) stand charged for the offences punishable under Sections 302/34 of the Indian Penal Code for having committed murder of their father Motirain and step mother Samna Khatoon in the afternoon of 81 July, 2003 at village Katka, P.S. Singhwara in the District of Darbhanga. A/2 was also charged under Section 307 of the Indian Penal Code for attempting to commit murder of his step brother Md. Shahid (PW -7) at the same time and place of occurrence. Both the appellants, on trial, were held guilty under Sections 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life. A/2 has further been held guilty under Section 307 of the Indian Penal Code and sentenced to undergo S.I. for five years. Both the sentences have been directed to run concurrently.

(3.) THE present case arises out of Singhwara P.S. case No. 65 of 2003 registered on 08.07.2003 at 15.30 hours by PW -10 Sudhir Kumar, Sub Inspector of Police Singhwara Police Station on the basis of fardbeyan (Ext. 3) made by the Dafadar Aran Kumar Thakur (PW -8) alleging therein that on 8.7.2003 at about 1.30 pm he heard the hue and cry coming from the house of deceased Motirain and run towards that direction. While moving towards the house of the deceased(s) he saw Md. Jahid (not put on trial) A/1 and A/2 (the three full brothers and sons of deceased Motirain from his first wife) escaping towards east from the house with dagger in hand. On way, it was informed by the villagers that above named accused persons after committing murder of their father and step mother had escaped from the house. The informant requested some of them to offer chase and himself went inside the house of the deceased(s) where some villagers including Wasi Ahmad (PW -1) Md. Gani (PW -6) and Ali Imam (not examined) had congregated. He found Motirain and his wife Samna Khatoon lying dead in a pool of blood having received several cut/incised injury on their persons. The informant further alleged that the deceased Motirain from his first wife had these three sons (the accused) and three daughters. Youngest of whom was a handicapped girl who was missing from the house since last 15 days. After the death of his first wife deceased Motirain had solemnized 2nd marriage with the deceased Samna Khatoon from whom he had three sons and one daughter who were all small kids. The accused were annoyed with the second marriage of their father. The deceased Motirain was working as rickshaw puller in Delhi. The three accused persons were also working in Delhi. There was strained relationship between the deceased and his three sons from the first wife on the point of partition as a result whereof the occurrence had been committed. In the process the accused persons also inflicted injury to six year old step brother Sahidul @ Md. Shahid (PW -7) who was removed for medical aid. A formal F.I.R. (Ext. 4) was drawn. The inquest report was prepared in respect of the two dead bodies (Exts. 5 and 5/A) and cadavers were sent for autopsy. Dr. P.K. Das (PW -11) held the post mortem on the two dead bodies and submitted the post mortem reports ( Exts. 7 and 7/A). The injury report (Ext. 8/1) of PW -7 was also obtained. On conclusion of investigation charge sheet was submitted. On the basis whereof cognizance of the offence was taken on 19.11.2003 and the case was committed to the Court of session on 3.12.2003 for trial. Charges were accordingly framed to which the appellants pleaded not guilty and claimed to be tried. In their respective statements under Section 313 Cr.P.C. they claimed false implication in the case and denied the charges with which they were confronted. It may be noticed here that during trial co -accused Md. Jahid escaped from the jail custody on 13.7.2004 and, accordingly, his trial was separated.