JAKIR MIAN AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 8th Feb., 1991 passed by Shri Pius Xess, the then 1st Additional Sessions Judge, Dhanbad in S. T. No. 66 of 1986 convicting the accused-appellants under Sec. 302/149, I. P. C. to undergo imprisonment for life and also under Sec. 149, I. P. C. and to undergo R.I. for two years and both the sentences have been ordered to run concurrently.

(2.) As per prosecution case, PW-6 Kadir Mian lodged a first information report on 15-8-1984 at 7.30 p.m. before the officer-in-charge, Tundi Police Station along with the deadbody of his younger brother Chottu Mian and accompanied by Samsuddin Aosari, Jamshed Ansari, Hamid Ansari, Zamiruddin Ansari, Alimuddin Ansari and Sirajuddin Ansari alleging that on that date, deceased Chottu Mian had gone to his field at Nakabandh and while returning home at about 3 p.m., all the accused persons along with others attacked him being armed with Farsa, Tangi, Sabol, Bhala, bows and arrows. On being assaulted, Chottu Mian fell down and he was then assaulted with back portion of Tangi. Upon alaram being raised, PW 2, Samsuddin Ansari, PW 3, Jamshed Ansari, PW 8 Alimuddin Ansari, PW 9 Jaraurddin Mian and several other persons arrived at the site of scene and seeing them the assailants fled away. The injured Chottu Mian was first taken to Tundi hospital for treatment but there he was advised to be treated at Dhanbad Hospital, but on way to the hospital, Chottu Mian died at Thanamore. As per prosecution case, the cause of assault of Chottu Mian was that in the last May, Informants brother Altu Mian was assaulted and money was snatched away by the accused persons from him for which Altu Mian instituted a criminal case against the accused persons. As per the first information report, appellant No. 3 Maula Mian, appellant No. 7 Kurban Mian, appellant No. 11 Saro Mian and appellant No. 14 Sekandar Mian were armed with Tangi while appellant No. 5 Dil Mohammad Mian, appellant No. 6 Wazir Mian, appellant No. 10, Suleman Mian, appellant No. 12, Haro Mian wore carrying bows and arrows on their shoulder and Tangi in their hands. It was also alleged in the F. I. R. that appellant No. 2, Rajo Mian and appellant No. 15, Idris Mian were armed with bows and arrows and appellant No. 4 Amruddin Mian assaulted with Bhala and against other omnibus allegations have been made of assaulting Chotu Mian with the weapons in their hands.

(3.) Besides these 15 accused persons, there was another accused, Kalo Mian who died before the charge was framed and his name was dropped. It has further been informed before this Court that appellant No. 2, namely, Rajo Mian died after the appeal was filed.