ABDUL KHALIQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above Death Reference and the appeal filed by appellant Abdul Khalique arise out of the same judgment dated 21.9.2005 passed by the Additional Sessions Judge, Fast Track Court No. I, Sitamarhi in Sessions Trial No. 48 of 2003/21 of 2003 and as such both of them were heard together and would be disposed of by this judgment.

(2.) The learned Additional Sessions Judge by the above judgment has convicted the appellant u/s. 302 of the Indian Penal Code for the murder of his own mother and by order dated 28.9.2005 has sentenced him to death subject to the confirmation by this Court. The appellant Abdul Khalique and the informant Abdul Barik are full brothers and belong to village Budhnagra, P.S. Nanpur, District Sitamarhi.

(3.) THE prosecution case, as disclosed by the Fardbeyan (Ext. 5) of the informant, recorded by the Officer -in -charge of Nanpur Police Station on 10.2.2002 at 17.45 hours at the Khalihan of the informant in the Budhnagra village, is that he had constructed a thatched hut at his Khalihan about one Kilometer east of his village. On 20.2.2002 at 11.45 a.m. he was at his house at Budhnagra alongwith his family members when Ram Parikshan Paswan of his village came to his house and informed that his second brother Abdul Khalique had assaulted his mother Sabra Khatoon who was in the Khalihan with spade as a result of which she was lying unconscious there and that his brother had fled towards Kharka. On hearing this, he (informant) alongwith his younger brother Abdul Munna and others immediately rushed towards the Khalihan and reaching there they found his mother under the 'chouki ' (cot) in the hut lying dead and her left jaw, chick and temple badly cut and from the wounds blood in sufficient quantity had fallen on the ground. A blood stained spade was also found by the side of the body.