MD. KAMRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Both the appellants have been convicted for the offences punishable under Sections 302/34 of the Indian Penal Code vide judgment dated 27.06.2011 passed by the Additional District and Sessions Judge (F.T.C-II), Madhubani, in Sessions Trial No. 70 of 2010, sentencing them to undergo rigorous imprisonment for life and pay fine of Rs. 5000/- each, and in default of payment of fine to undergo further two years rigorous imprisonment.

(3.) The prosecution case in short as made out in the fardbeyan of Haleema Khatoon w/o Late Md. Murtuza of village Bhagwanpur Muslim Tola, P.S. Raj Nagar, District-Madhubani, recorded by S.I. Jai Prakash Singh of Raj Nagar P.S. on 01.05.2010 at about 8:30 am at the door of Haleema Khatoon in Bhagwanpur village is that the informant, Haleema Khatoon has stated that her husband Md. Murtuza was posted as Hafeez in Madarsa Islahul Muslamein, Bhagawanpur and she is working on the post of 'Asha Bahu' at Centre No. 5 of Ward No. 1 of village Bhagwanpur. Furthermore, they are issueless and her deceased husband had adopted Abdul Wahid, the son of his Brother-in-Law as their son. On 30.04.2009 at about 9:00 p.m, both of them after taking their food, slept with their adopted son, Abdul Wahid, in the open Oshara of their house. At about 12 p.m in the night they woke up momentarily but again slept. At about 1:00 am on hearing some sound, she again woke up and saw Md. Kamaruddin and Md. Aziz, both residents of village-Bhagwanpur, Muslim Tola, P.S. Raj Nagar, armed with Tengari standing in front of them and one of them namely, Md. Kamaruddin assaulted her husband on his face with Tengari first, where after Md. Aziz also assaulted him with Tengari on his head. On account of the injury, blood started oozing from the wound. Her husband died instantly. She raised hulla whereupon the accused fled threatening her with dire consequence. The informant stated that one year back there was some altercation between her husband, Md. Murtuza and Md. Aziz as latter had opened his window on the land of the informant. There was also dispute with Ali Hasan, father of Md. Aziz over Palm tree, which was settled by the local villagers through panchayati. Md. Aziz being aggrieved with the settlement, always used to threaten them with dire consequence.