REYAZ ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction passed by Shri Gauri Shankar Choube, Sessions Judge. Dhanbad in S.T. No. 281 of 1990 through which he found the sole appellant guilty under section 302 of the I.P.C. and convicted and sentenced him to undergo imprisonment for life.

(2.) The prosecution case in short is that the deceased Israfil Mian, father of the appellant was widower and sometime in October. 1989 he again married with Ajmunissa who is the informant of this case, Due to this second marriage by the deceased ill relation developed between the deceased and his only son the appellant and the appellant was forced to leave the quarter occupied by the deceased in Bhuli within Bank More P.S. and the appellant was living separately in Azadnagar in the ancestral house. It has been alleged by the informant that on 25/12/1989 in the evening when it was raining the appellant came and knocked the door then it was opened by the informant and the appellant entered and forcibly dragged his father outside the quarter and he gave several blows by knife one after another. An alarm was raised by the informant and several witnesses arrived on the spot, more particular Manzoor Alam. Surrender Rajak. Chandra dip Kumar. Bijali Khatoon etc. and with the help of the in ohalla people the appellant was apprehended over-powered and detained in the tea stall shop and Chandradip Kumar. PW-5. It is also the prosecution case that the injured was taken to Central Hospital at Bhuli by the informant and the witnesses where he was declared dead and in that very hospital the police came and recorded the fardbeyan of the informant i.e. Ext. 5 and on that basis this case was instituted. At that time also the police came near the residential house of the deceased and took in custody the appellant who was being detained in the tea stall of PW-5 and some incriminating articles i.e. knife used by the appellant, his shoes etc. were seized in presence of the witnesses. The police after investigation submitted charge-sheet against the appellant.

(3.) During trial before the Sessions Judge. Dhanbad the appellant claimed himself innocent and denied to have committed the murder of his father and defence was set up that the informant was working as a maid servant in the house of her father and some-how or other developed intimacy and remained as a concubine and hatched-up a conspiracy and due to that the appellant was forced to leave the house of his father and for that informant with the help of his other, paramours got the deceased murdered and set-up a case as against the appellant so that she can grab the property of his father. 4. At the very outset it can be said that the appellant had not specifically challenged the murder of the deceased, which took place on 25/12/1989 and only a defence was taken that actually the informant in league with her associates got the deceased murdered. Further more the Investigating Officer prepared the inquest of the deceased on 25/12/1989 and the dead body was also subjected to post-mortem examination on 26/12/1989 by PW-3, Dr. Binod Kumar and according to PW -3, he found as many as 12 incised injuries caused by sharp cutting weapons and according to doctor these injuries were sufficient to cause the death in ordinary course so this fact is well proved that sometime in the evening 25/12/1989 the deceased received several stab and incised sharp cutting injuries which resulted in his instantaneous death.