NAQUI HAIDER @ ROSHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Wherein Naqui Haider @ Roshan is the appellant and Cr. Appeal (S.J.) No.307 of 2015 wherein Asgar Ali, Asraf Ali, Md. Bechu and Parwez Alam @ Md. Parwez Alam are the appellants have been heard together and are being disposed of by a common judgment on account of having been arisen out of common judgment of conviction dated 22.05.2015 whereby and whereunder appellant, Naqui Haider @ Roshan has been found guilty for an offence punishable under Section 307 of the I.P.C. and Section 27 of the Arms Act while remaining appellants under Section 307/ 149 of the I.P.C. and order of sentence dated 23.05.2015 whereby and whereunder each of the appellants has been directed to undergo R.I. for seven years as well as to pay fine appertaining to Rs.5,000/- under Section 307 I.P.C. as well as under Section 307/ 149 I.P.C. Appellant, Naqui Haider has further been sentenced to undergo R.I. for three years as well as to pay fine of Rs.1,000/- under Section 27 of the Arms Act and in default of payment of fine, to undergo S.I. for one year while Naqui Haider to undergo S.I. for two months relating to Section 27 of the Arms Act with a further direction to run the sentences, concurrently, by the Additional Sessions Judge-1st, Darbhanga in Sessions Trial No.193 of 2002.

(2.) Md. Hira (PW-1) gave his fard-bayan on 23.04.1997 at about 3.30 p.m. while he was admitted at R. B. Memorial Hospital in an injured condition alleging inter alia that yesterday (22.04.1997) at about 12.00 noon, he was at his house and was talking with his brother-in-law (Sala) Ladle, cousin brother Iqbal Nasir @ Marshal, brother of Marshal namely Pintu, other relatives, friends and during course thereof, were discussing to sort out a plan how they will manage/ participate in the marriage of his cousin brother (Fufera bhai) Nazib Akhtar @ Bhuttu, son of Late Md. Faruque of village-Sighauli, which was going to be solemnized at Kolkata on 27.04.1997. At that very moment, Ful Hasan, Gulam Mustafa, Asgar Ali, Gulam Haider, Asraf Ali, Shaukat Ali, Safdar Ali armed with pistol. Gulam Hasan armed with axe, Mehndi Hasan, Matin Hasan armed with Garasa, Sahjada, Parwez Alam, Jawed, Bechu, Naqui Haider, Sitare, Nirale, Arun Kumar Paswan armed with lathi, respectively along with 10-15 persons against whom, he claimed identification, came and surrounded them. Soon thereafter, Gulam Mustafa ordered to kill whereupon Sitare, Nirale, Naqui Haider, Gulam Haider fired from their pistol respectively, as a result of which, he sustained injury over his chest, shoulder (right side), at both sides of inter-coastal region (Panjar). He fell down. Then thereafter, they shot at his Sala Ladle, who also sustained injuries over his chest, shoulder. His cousin brother Marshal in order to save, lifted both of them over his vehicle and was to proceed, but the aforesaid accused persons surrounded his vehicle, broken the front glass and then, Gulam Hasan gave axe blow over neck of Marshal while Matin had given farsa blow over his head. Even then, Marshal managed to drive the vehicle and came at the hospital where all of them were being treated examined. It has also been disclosed that he has been informed by his parents that the accused persons have also committed loot at his house as well as caused mischief by fire setting ablaze motorcycle, scooter and other articles after they have been taken to hospital.

(3.) After registration of Ashok Paper Mill P. S. Case No.32 of 1997, investigation commenced and concluded by way of submission of chargesheet against six accused persons, keeping the investigation pending against others, out of whom, proceeding against Mehndi Hasan was dropped vide order dated 02.05.2003, on account of his death, the trial against remaining accused ultimately concluded by way of recording finding of guilt and sentence, hence, this appeal.