USMANI KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Usmani Khaii and Ejazul Khan alongwith three others were put on trial for the murder of Ram Babu Prasad and Nagina Das. After trial, appellant Ejazul Khan was found guilty under Section 302 of the Indian Penal Code for causing the death of Ram Babu Prasad and appellant Usmani Khan was found guilty under Section 302 read with Section 34 of the Code and both of them were sentenced to undergo rigorous imprisonment for life.

(2.) Deceased Ram Babu Prasad and Satya Narain Prasad (P. W. 7) had established a Flour (Atta) Mill at Nagra Bazar within police station Jalalpur, district Saran, on the land belonging to one Umar Khan. They had taken the land from Umar Khan on a monthly rental of Rs. 70/-. Ram Babu Prasad and P. W. 7 used to pay rent to Umar Khan so long he was alive. Umar Khan died about two to three years prior to the occurrence and on his death rent was being paid to the sons of Umar Khan.

(3.) Appellant Usmani Khan is the brother of Umar Khan and appellant Ejazul Khan is the son of appellant Usmani Khan. It is said that after the death of Umar Khan ; Usmani Khan and Ejazul Khan used to demand rent of the land from Ram Babu Prasad but he (Ram Babu Prasad) did not oblige them. On 9th April, 1981, these two appellants again demanded rent of the land from him but he did not pay the rent to them. On the same day at about 3 to 4 p. m. these two appellants came to their mill and told Ram Babu Prasad that they had given enough opportunity to him and if rent was not paid to them, they would kill him and after giving this threat, they went back.