SHAKIR MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction dated 26.06.2012 and order of sentence dated 03.07.2012, passed by the learned Additional Sessions Judge (Fast Track Court No.1) Siwan, in Sessions Trial No.354 of 1998, whereby both the appellants were awarded life imprisonment and were also slapped with a fine of Rs.5000/- each and, in default of payment of fine, they were further sentenced to simple imprisonment for three months under Section 302/34 of the Indian Penal Code. Appellant No.2-Zakir Mian was further sentenced to undergo simple imprisonment for five years and was slapped with a fine of Rs.2000/- and, in default of payment of fine, he was further ordered to undergo simple imprisonment for two months under Section 27 of the Arms Act. Appellant no.2 was further sentenced to simple imprisonment for five years under Section 4 of the Explosive Substance Act. Both the sentences were directed to run concurrently.

(2.) The factual matrix of the case is that informant, Najboon Nisa (P.W.3), wife of Md. Hanif gave her fardbeyan before the Officer-in-Charge of Hussainganj Police Station on 21.10.1997 at 8:15 PM at her house with the allegation in succinct that on 21.10.1997 at about 6 PM when her husband returned from Siwan after marketing and purchase for marriage of her daughter and they all were in house and were seeing the articles, in the meantime, appellant no.1-Shakir Mian and appellant no.2-Zakir Mian along with two unknown miscreants approached her husband and took him with them. On misgiving, she along with her elder son followed them and started hearing the interaction amongst them hiding in the bush of Moonj standing on the road side. Meanwhile, appellant no.1-Shakir Mian gave order to kill the husband of the informant. On this, appellant no.1-Zakir Mian gunned down her husband by resorting two firing on him and also hurled a bomb. Thereafter, her husband fell down and was taken to hospital but he died. The informant witnessed Zakir Mian and Shakir Mian armed with country made pistol in the torch light flashed by him. She also witnessed two more persons to whom she could not identify. Her husband was writhing lying on the ground. The bone of contention is said to be animosity due to performance of second marriage by her husband with the sister of Zakir Mian.

(3.) The case was investigated. During course of investigation, the police recorded the further statement of the informant and statement of witnesses and inspected the place of occurrence. On conclusion of investigation, the police submitted the chargesheet under Section 302/34 of the Indian Penal, Section 27 of the Arms Act and Section 3/4/5 of the Explosive Substance Act against the appellant. The learned Magistrate took cognizance of the offence under Section 302/34 of the Indian Penal, Section 27 of the Arms Act and Section 3/4/5 of the Explosive Substance Act and committed the case to the Court of Sessions for its trial.