MAJROOL HAQUE ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P. for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 19.06.2002 passed by the Fast Track Court-I, Siwan in Sessions Trial No.20 of 1989/02 of 2002, arising out of Barharia P.S. Case No.41 of 1986, whereby the learned trial Court convicted the appellant under Section 304 Part II of the I.P.C. and sentenced him to undergo rigorous imprisonment for three years and slapped him with a fine of Rs.2000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the said offence.

(3.) The factual matrix of the case is that Barharia P.S. Case No.41 of 1986 was instituted under Section 302 of the Indian Penal Code against the accused-Majrool Haque Ansari on the basis of fardbeyan of Bageshwar Mishra, son of Sri Lalit Narayan Mishra, resident of village Kailtole Sheo Dhar Hata, P.S. Barhariya, District Siwan, recorded by S.I. B. Singh O/c Barharia Police Station on 31.03.1986 at 7 PM with the allegation in succinct that on 31.03.1986 at 6:15 PM, he had arrived at Kailgar hata. He heard sound of screaming of his grandmother and immediately rushed to the place of occurrence and witnessed accused-Majrool Haque Ansari assaulting on the head of his grandmother shoving her on ground by brick bat. His grandmother was badly injured and blood was sprouting. When he tried to rescue her, the said accused assaulted on his head by brick bat due to this he fell down. On hulla Ravi Prakash Mishra rushed there and witnessed the incident. When he tried to rescue them, the accused also attacked on him by brick bat and made him injured. On hulla, Jhulan Mishra, Rajballabh Singh and Ramashish Singh arrived there and witnessed the occurrence. After death of his grandmother, the accused left the scene. But he was apprehended by the villagers giving him chase. The bone of contention is that his grandmother and widow of Bansidhar Mishra were defecating on the boundary. In the meantime, the accused pounced upon the said widow which was intervened by his grandmother. The widow fled away making halla but his grandmother was murdered by the said accused by assaulting her by means of brick bat.