JAHANGIR ANSARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both Criminal Appeals No. 701 and 636 of 2013, arise out of common judgment of conviction dated 1.5.2013 and order of sentence, dated 2.5.2013, passed in Sessions Trial no. 447 of 2009/01 of 2013. All the four appellants, two in each appeals, have been convicted under sections 302/34 of the Indian Penal Code (herein after referred as "Ëœthe IPC') and sentenced to life imprisonment along with fine of Rs. 10,000.00 each, and in default whereof, to undergo further rigorous imprisonment for three months, by the court of Adhoc Additional Sessions Judge, Gopalganj.

(2.) The prosecution case, as stated in the fard beyan of the informant Sadaru Nesa, aged about 40 years, wife of Hasamudin Mian, resident of village Barmaina Tola, Dawana Patti, Police Station Uchkagawn, district Gopalganj, recorded by the Sub-inspector Sri A.K. Singh of Gopalganj Police Station on 10.10.2008 at 7.15 AM at Sadar Hospital, Gopalganj in short is as follows:-

(3.) Police after investigation submitted charge sheet against only two of the accused persons, namely, Jahangir Ansari and Naushad Mian who are appellants in Cr. Appeal No. 701 of 2013. Rest two accused persons, who are appellants of Cr. Appeal No. 636 of 2013, were summoned for trial under section 319 of the Code of Criminal Procedure. All faced charage under sections 302/34 of the I.P.C.