STATE OF BIHAR Vs. SHEIKH SAMSUL

JUDGEMENT

(1.) SHEIKH Samul and Sheikh Asfaque were charged for intentionally committing murder of Md. Askari punishable u/s. 302 of the Indian Penal Code. Sheikh Gayas was charged for committing murder by intentionally causing death of Md. Asad, punishable u/s. 302 of the Indian Penal Code. Besides the aforesaid, they have also been charged for offence U/S. 3 and 4 of the Explosive Substance Act. Aforesaid three persons along with six other persons, namely, Sheikh Chengwa, Sheikh Kalim @ Gedhwa, Sheikh Juman, Sheikh Aziz, Sheikh Ishteyaque and Sheikh Nayeem have been charged for committing the murders of Md. Askari and Md. Asad in prosecution of common object as a member of unlawful assembly punishable u/s. 302/149 of the Indian Penal Code. In addition thereto, Sheikh Kalim, Sheikh Juman, Sheikh Aziz, Sheikh Ishteyaquye and Sheikh Nayeem have been charged for possessing arms for unlawful purposes, punishable u/s. 27 of the Arms Act. Sheikh Aziz, Sheikh Kalim @ Gedhwa, Sheikh Juman, Sheikh Nayeem and Sheikh Ishteyaque have been held guilty of offence u/s. 302/149 of the Indian Penal Code and Sec. 27 of the Arms Act by Judgment and Order dated, 4.02.2003 and 18.02.2003 passed by the first Additional Sessions Judge, Bhagalpur in Sessions Trial No. 309/ 22 of 1993/1999. Aforesaid persons have been sentenced to undergo rigorous imprisonment for life u/s. 302/149 of the India Penal Code and rigorous imprisonment for three years u/s. 27 of the Arms Act. By the said Judgment, Sheikh Gayas, Sheikh Asfak and Sheikh Samsul have been held guilty of offence u/s. 302. of the Indian Penal Code and Sec. 3/4 of the Explosive Substance Act. Sheikh Gayas and Sheikh Samsul have been awarded death sentence for offence u/s. 302 of the Indian Penal Code, whereas Sheikh Asfak has been awarded rigorous imprisonment for life on that count. All of them have been sentenced to undergo rigorous imprisonment for ten years for offence u/s. 3/4 of the Explosive Substance Act. Sheikh Chengwa who has been held guilty u/s. 302/149 of the Indian Penal Code and Sec. 3/4 of the Explosive Substance Act has been awarded life imprisonment and rigorous imprisonment for ten years for the aforesaid offence respectively.

(2.) AS death sentence has been awarded to Sheikh Gayas and Sheikh Samsul, the learned Judge, has submitted the proceeding to this Court for confirmation of the death sentence u/s. 366 of the Code of Criminal Procedure, which has been registered as Death Reference No. 2 of 2003.

(3.) ALL the appeals and death reference have been heard together and are being disposed of by this common Judgment. All the convicts hereinafter shall be referred to as the Appellants.