QUAIYUM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to RI for life and fine of Rs. 5,000/ - as also under Section 27 of the Arms Act and sentenced to RI for three years and fine of Rs. 2,000/ - by the Ad hoc Additional Sessions Judge -V, Purnea in S.Tr. No. 1173 of 2008 arising out of Bhawanipur P.S. Case No. 36 of 2008 by a judgment of conviction dated 01.12.2012.

(2.) THE case of the prosecution according to Rukhsana Khatun the daughter of Md. Rahman is that on 15.05.2008 while her father was sitting on a "Machan" in front of the house and his brother, Kakku was standing on the road suddenly four accused persons came there and surrounded him. The Appellant is said to have fired at the deceased. When his father came to pick up his brother, Kakku Accused Harun is said to have fired at him. His brother and father in a serious condition were taken to the Primary Health Centre at Bhawanipur and thereafter to Purnea. The reason for the occurrence was that in the morning at about 10 A.M. a passerby had been detained by the Appellant and Harun and assaulted at which his father saved him and brought him to his "Machan". This had enraged the accused persons who had threatened him of dire consequences. In the evening the present occurrence is said to have taken place as a sequel to the occurrence of the morning. This matter was reported at the Primary Health Centre by P.W. 6 at 9 P.M. to P.W. 16, the Investigating Officer.

(3.) P .W. 1, Noor Mohammad, P.W. 2, Md. Yunus, P.W. 3, Md. Wasir @ Bouku, P.W. 4, Md. Raqib @ Photo, P.W. 5, Sanjida Khatoon, P.W. 6, Kukhsana Khatun, P.W. 12, Wazida Khatun, P.W. 13, Md. Rahamullah have been examined as eye -witness to the occurrence. P.W. 15, Dr. Vir Kunwar Singh held the Postmortem of the deceased. P.W. 16, Sunil Kumar is the Investigating Officer.