MASOOD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and Order dated 3.6.2002 passed by learned 1st. Additional Sessions Judge. Begusarai in Sessions Trial No. 472 of 1995 whereby, while acquitting the four other accused persons of the charges under sec. 302 read with section 34 and sec. 120 -B of the Indian Penal Code, the appellant has been found guilty of the aforesaid charges. He has been awarded rigorous imprisonment for life under sec. 302 I.P.C and no separate sentence has been awarded under sec. 120 -B of the I.P.C.

(2.) THE prosecution case is based upon Fardbeyan of Md. Tauhid (P.W.10), father of the sole appellant recorded by Sub -Inspector of Police. Shyama Kant Jha (C.W.1) on 2.3.1995 at 22.00 hours at the village home of the informant, giving rise to Ballia P.S. Case No. 38 of 1995. The fardbeyan discloses that it was being recorded near the dead body of Nasima Khatoon aged about 35 years, the step mother of the appellant. The informant claimed that from the first wife he had one son the appellant and his two neighbours Md. Masi and Md. Shaukat. He alleged that the murder had been committed with a view to grab his property. Many co -villagers such as Ahmad Hussain (P.W.3). Alimuddin (P.W.7) Md. Mohit (P.W.8) and Md. Zarif .(P.W.6) came after hearing the news of murder of informant 'swife.

(3.) THE prosecution in order to prove the charges examined ten witnesses. Thereafter the Sub - Inspector of Police Shyama Kant Jha was examined as a court witness no.1 and Dr. Rakesh Kumar Sinha who conducted the postmortem examination of the deceased was examined as court witness no.2 P.W.1 Rajendra Paswan P.W.2. Bishundeo Paswan P.W. 3 Ahmad Hussain P.W.4 Ganga Sao P.W.5 Inhrat @ Bholi P.W. 6 Md. Zarif and P.W.8 Md. Mohit are co -villagers of the informant. They have not supported the prosecution case and therefore they have been declared hostile. P.W.7 Alimuddin is a formal witness who has proved his signature on the seizurelist. P.W.9 Lakshmi Paswan has claimed to be an eye witness of the alleged occurrence and P.W.10 Md. Tauhid is the informant who has fully stuck to his statement and allegations in the fardbeyan noticed earlier.