MD RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Md. Rajak has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for 10 years and to pay fine of Rs.5,000/- and in default thereof, to undergo S.I. for six months, under Section 3 of the Explosive Substances Act and sentenced to undergo R.I. for 10 years and to pay fine of Rs.5,000/- and in default thereof, to undergo S.I. for six months with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 27.08.2015 passed by the Additional Sessions Judge-II, Siwan in Sessions Trial No.86 of 2000.

(2.) Md. Khushru (PW-8) gave his fard-bayan while was admitted at Primary Health Centre, Aandar on 06.07.1999 at 8.30 p.m. divulging the fact that he has come to village-Firojpur, his Mamhar and was staying at the place of his Mama Arshad Ali Siddique (PW- 7), on the same day at about 6.30 p.m. Md. Rajak, Md. Isha, Md. Asgar, Md. Hussan, Noor Mohammad @ Bhuwan, Fakir Mohammad armed variously came, stood in front of darwaza and began to abuse, which was protested and on account thereof, Md. Rajak hurled bomb causing injury over his hand. His Mamera brother Gausha Alam (PW- 1) was assaulted by means of lathi. Soon thereafter, he was taken to Primary Health Centre, Aandar for treatment. Land dispute in between accused with his Mama Arshad Ali Siddique has been shown to be motive for the commission of the aforesaid offence.

(3.) On the basis of the aforesaid fard-bayan, Aandar P. S. Case No.42 of 1999 was registered followed with an investigation as well as submission of chargesheet, whereupon trial commenced against Md. Rajak, Md. Isha, Md. Asgar, Noor Mohammad @ Bhuwan. Fakir Mohammad as well as Md. Hussan died. Consequent thereupon, proceeding abated against them. After concluding the trial by the judgment impugned, other three namely Md. Isha, Md. Asgar, Noor Mohammad have been acquitted while Md. Rajak (appellant) has been convicted and sentenced for, challenged under instant appeal.