JAHIRUDDIN ALAM @ JAHIRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against judgment of conviction dated 18-02-2012 and sentence dated 23-02-2012 passed by Sri Mithilesh Kumar Rai, learned Additional District & Sessions Judge, Fast Track Court III, Gopalganj (hereinafter referred to as 'Trial Judge') in Sessions Trial No. 146 of 2010/31 of 2010. By the said judgment, the learned Trial Judge has convicted the appellant under Sections 302, 307 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Thereafter, by order dated 23-02-2012, the appellant was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and he was imposed a fine of Rs. 5,000/- (five thousand) and in default, he was directed to undergo rigorous imprisonment for six months. The appellant was also sentenced to undergo rigorous imprisonment for 7 years for offence under Section 307 of the Indian Penal Code and was further imposed a fine of Rs. 5,000/- (five thousand) and in default, he was directed to undergo rigorous imprisonment for six months. Similarly, under Section 27 (1) of the Arms Act, 1959, the appellant has been sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs. 2,000/- (two thousand) and in default, he has been directed to further undergo imprisonment for three months. All the sentences were directed to run concurrently.

(2.) Short fact of the case is that on 14-11-2009 at about 4:00 PM in Sadar Hospital, Gopalganj, the Sub-Inspector of Police Sri Ramagya Roy of Gopalganj Police Station recorded fardbeyan of informant Saddam Hussain (P.W.-5). In the fardbeyan, he stated that on the same date i.e. 14-11-2009 at about 1:00 PM, his land, which was on the southern side of his house, his villager Suraj Ram had called Amin for measurement of the land and said that he had purchased the said land from uncle of the informant. Thereafter, the informant told him that he was having half share in the land. After hearing this fact, it was stated by the informant that his uncle Jahiruddin Alam (appellant) S/o Bechu Mian started assaulting the informant. On alarm being raised by the informant, his father Maksud Alam started running to save him and while he reached near the field of Vishwanath Ram, his uncle (appellant) leaving the informant ran towards his father. In the meanwhile, the father-in-law of his uncle Manjur and one Mansur Mian of his village, on their assertion to kill both father and son, his uncle Jahiruddin Alam (appellant) took out pistol from his waist and gave 4-5 shot of firing, which hit left of his arm and his father received two firearm injury on his chest and thereafter, he fell down and died. The informant tried to run towards the house, but he fell down and thereafter, he became unconscious. The informant stated that subsequently neighbours carried him to Sadar Hospital and after he regained his consciousness, his fardbeyan was got recorded.

(3.) After recording fardbeyan, on the same date i.e. 14-11-2009 at 5:00 PM, a formal F.I.R. was lodged against the appellant Jahiruddin Alam, Mansur Mian and Manjur Mian, vide Gopalganj P.S. Case No. 271 of 2009 for offence under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. During investigation, accusation against the appellant was found true and chargesheet was submitted on 25-02-2010 against the appellant, however; other two F.I.R. named accused persons were not forwarded as accused in the chargesheet. After submission of chargesheet, on the same date, the learned Magistrate took cognizance of the offence. After completion of formalities under Section 207 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), the case was committed to the court of sessions on 11-03-2010 and finally, on 29-11-2010, charge under Sections 302/34, 307/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959 was framed against the appellant. Since the appellant denied charges, the prosecution, to prove the accusation, examined altogether 8 witnesses. After closure of the prosecution evidence, the circumstances and evidences, which were collected during trial against the appellant, were explained and statement under Section 313 of the Cr.P.C. was recorded on 16-09-2011. The appellant denied all the evidences/accusations and claimed to be innocent and also stated to examine defence witnesses. Thereafter, three witnesses were got examined on behalf of the defence.