MD. KALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellants and learned counsel appearing on behalf of the State as well as learned counsel for the Informant.

(2.) The above named Appellants have been convicted under section 302/34 of the I.P.C. and sentenced them to undergo for life imprisonment and fine of Rs. 5000.00, in default of which, further imprisonment for one year by a Judgment dated 26/27.04.2011 by the Additional District and Sessions Judge, F.T.C. IIIrd, Khagaria.

(3.) The case of the prosecution, according to the written information given by the deceased himself, is that on 27.04.2008 when he was going for ease himself, the present Appellants surrounded him and started to abuse him and said that he should give evidence in their favour in the earlier case pending between them. In the course of altercation, the Appellants started to assault him brutally with the butt of guns, lathis and climbed on top of his chest. They then hanged him on the tree and further assaulted him. The case was initially instituted under section 307 of the I.P.C. but the deceased died next day and section 302 of the I.P.C. was added.