SAHID MIAN Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed against the judgment dated 02.01.2017 passed by learned 1st Additional Sessions Judge, West Champaran, Bagaha in Sessions Trial No. 205 of 2006, CIS No. Sessions Case No. 2592 of 2015 by which, inter alia, the respondent nos. 2 to 7 have been acquitted of the charges under Sections 302/149 and 307/149 of the Indian Penal Code.

(2.) The short facts of the prosecution case are that on 17.11.2003 the accused persons Mamun Mian, Bihari Sah and respondent nos. 2 to 7 came with a tractor and started ploughing the disputed plot, upon which the informant Md. Safique and Suja Alam came to the plot and prohibited the accused persons from ploughing the plot until the final order of the court. Scuffle took place when Raushan Ara arrived there to end the quarrel but accused Mamun Mian insisted on ploughing the plot. Bihari Sah ordered the accused persons to kill the informant upon which accused Mamun Mian ran to his house and came back with a gun and fired upon Suja Alam resulting in his instantaneous death. Even as the informant and Roshan Ara were fleeing away, accused Sadre Alam and Quamuddin Mian assaulted Roshan Ara with lathi and Bihari Sah fired upon the informant injuring him below his left eye.

(3.) The learned trial Court held accused Mamun Mian guilty of committing the murder of Suja Alam and sentenced him to life imprisonment with a fine of Rs. 10,000/- and in default of payment of fine, further rigorous imprisonment of two years was awarded. He was also sentenced to three years rigorous imprisonment with a fine of Rs. 5000/- under Section 25 of the Arms Act and in default of payment of fine, simple imprisonment of nine months was awarded. The sentences were ordered to run concurrently.