SABIR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, being aggrieved by the judgment dated 16.7.2002 and order dated 18.7.2002 passed by the Additional Sessions Judge, Fast Track Court No. Ill, Gopalganj in Sessions Trial No. 34/188 of 2001/2002 holding him guilty u/s. 302 of the Indian Penal Code and inflicting the punishment of imprisonment for life, has preferred this appeal.

(2.) Prosecution story, according to the first information report given by Karmullah Ansari, the deceased himself, on 2.7.2000 at 7 P.M. at Primary Health Centre, Kateya, is that in the night between 1/2.07.2000, he was sleeping in his mango orchard, south to his village and his wife was also sleeping nearby. At about 1 O'clock in the night, his agnate appellant Sabir Ansari came armed with axe (Tangi) and assaulted him on his head, he started bleeding. On the alarm raised by his wife, P.W. 2 Rehana Khatoon, appellant fled away from the place of occurrence. Thereafter, the family members took him to the Primary Health Centre, Kateya for treatment. According to the informant, his wife as also his elder brother Salamat Mian (P.W. 1) had also seen the occurrence. The motive of the occurrence, according to the first information report, was the land dispute between them, since last six months.

(3.) On the basis of the aforesaid information, Kateya P.S. Case No. 83 of 2000 was registered under Ss. 324 and 307 of the Indian Penal Code.