WAHAB KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The abovenamed three appellants in this case have been convicted under Section 302/34,I. P. C. by judgment and order dated 19-7-1990 passed by Shri Uma Shankar, Ist Additional Sessions Judge, Hazaribagh in Sessions Trial No. 143 of 1987 arising out of Barhi P. S. Case No. 2(1) 87 and were sentenced to undergo imprisonment for life.

(2.) The abovenamed three accused-appellants alongwith five lady accused belonging to the same family were proceeded against for commiting murder of another brother of accused-appellants. Rojan Khan and his wife on 2-1-1987 at about 3 p.m. within the potato field where the deceased was said to be irrigating the same. The case was instituted on the basis of a statement of Asru Khatoon, daughter of the deceased Rojan and his wife, which was recorded by the investigating Officer on 3-1-1987 at about 11.30 a.m. at the place of occurrence. Police cams to the place of occurence on hearing some rumour regarding Marpeet. As par the statement of the PW 1, the case of the prosecution is that the deceased Rojan Khan was irrigating his potato field from the well where his wife Amna Khatoon was taking water. The accused-appellant Wahab Khan is alleged to have reached there and began irrigating his own potato field from the same well. It is the further case of the prosecution that the accused-appellant, Wahab Khan asked Rojan Khan as to why he was irrigating his field from the same well. There was some altercation in between Wahab Khan and the deceased and in midst of that altercaticn Wahab Khan rushed to assault Rojan Khan and called also other brothers including the lady members of the family to assault Rojan Khan. The deceased Rojan Khan made attempt to run away from the place, but Wahab Khan alleged to have caught hold of him and then Ismail Khan, the other accused-appellant No. 2 gave a blow with Kudal on the back portion of the head of Rojan Khan on which he fell down with his face downwards. In the meantime, it is further alleged that Aayesha Khatoon brought a Sabal and handed over to the accused- appeliarit Nizam Khan and accused-appellant No. I,' Wahab Khan also brought a lathi from his house and they alongwith other family members started assaulting Rojan Khan with their respective weapons. Ameena Khatoon tried to save her husband but she was also assaulted by all of them. The son and daughter of the deceased started raising Halla, but none of the villagers came to their rescue. Both Ameena Khatoon and Rojan Khan died at the spot due to the assault. After some time, the villagers rushed there. On the following day on 3-1-1987 at about 11.30 a.m., S. I. S. B. Sharma of Barhi Police Station came to the place of occurrence on the basis of a rumour and he recorded the fardbayan of PW-1. the daguhter of the deceased on the basis of which F. I. R. was registered. In the course of Investigation, dead bodies of both the deceased were inquested and sent through challan for the purpose of autopsy.

(3.) Defence case is total denial of the prosecution story. For and on behalf of the prosecution, as many as 14 witnesses have been examined in this case. Out of them, PWs-1 and 2 are the star witnesses of the prosecution and they happen to be daughter and son of the deceased. PW-3, Yunus Khan is a search witness of the house of the accused persons. PW-4, Shakour Mian is an witness of the inquest report. PW-5, Md. Khalii is a reported witness by PW-l,Asru Khatoon. PW-6, Noor Mian is another witness for the inquest report. PW-7, Md. Israil Mian is another witness for search. PW-8, Dr. N. K. Das held post mortem over the dead bodies of both the husband and the wife. PW-9 Badri Rana came to the place of occurrence after hearing hallah, but he has not supported the prosecution story and as such declared hostile. PWs-10 and 11 are the process servers, who executed processes under Section 81 and 82 against the lady accused. PW-12 Sabia has been produced to depose as an eye-withess for the prosecution. She is a girl of only seven years and as such could not understand the question, her evidence could not be taken by the learned Sessions Judge. PW. 13 is the S. D. O., who executed the process under Section 82 and 83, Cr, P. G. PW-14, Surya Bhushan Sharma is the Investigating Officer of the case.