JABED AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THREE appeals having been heard together are being disposed of by this common judgment as all three appeals arise out of the same judgment dated 9th December, 2009 passed by the Additional District & Sessions Judge,(Fast Track Court -1st) Madhubani, in Sessions Trial No. 743 of 2007, arising out of Lokaha(Khutauna) P.S. Case No. 138 of 2006, by which the appellant Jabed has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 5000/ - and in default of paying the fine further sentenced to undergo rigorous imprisonment for five years. He has Further been convicted for offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for five years and pay a fine of Rs. 5000/ - and in default of payment of fine further sentenced to simple imprisonment for three years. The appellant, Multan Ahmad has been convicted for offence under Section 120(B) read with Section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life and remaining accused persons, Meraj Laheri, Thakai Mansuri, Mehdi Hassan, Lakhan Sah and Mohibul Hassan have been convicted for offence under Section 147 Indian Penal Code read with Section 302 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life for conspiracy for committing murder and has been sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case as alleged in the First Information Report by Aftab Alam, P.W.7 is that his father Md. Sadre Alam had gone to Ekhatha Hatia in the evening and he also went there to purchase vegetable at about 4 P.M. when his father returned back after purchasing vegetable and was at that time the north of the road, accused persons Meraj, Jabed, Thakai Mansuri, Mehdi Hassan, Lakhan Sah and Mohibul Hassan surrounded him and before the informant could know as to what was to befall, Jabed fired with a pistol at the neck of his father and all the accused persons fled away towards the south of the orchard. The father of the informant died at the spot. Further case is that Md. Anamullah, (P.W.2), Sahbaj Arfi (P.W.6), and Alam Hajam (P.W.3) and other co -villagers of P.W.7 had came there and they had seen the accused persons fleeing away. It is further stated that some days prior to the occurrence, accused Multan Ahmad, resident of Village -Ekhatha had threatened his father on telephone to withdraw the rape case and case in respect of theft of motorcycle else he would be killed and murder of father of the informant had been in connection with the above mentioned cases.

(3.) THE police after investigation submitted charge sheet. Cognizance was taken and the case was committed to the Court of Sessions. Charges were framed under Section 302 of Indian Penal Code and Section 27 of the Arms Act against Md. Jabed and further charge was framed under Section 120B of Indian Penal Code against all the appellants. Further charge was framed under Section 302/341 of Indian Penal Code.