SK. HEYAT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted by judgment dated 01.2.2010 and sentenced to life imprisonment along with a fine of Rs. 10,000/- and in default to undergo further simple imprisonment for one year vide sentence, dated 01.2.2010 passed by learned Additional District and Sessions Judge-III, West Champaran, Bettiah.

(2.) The prosecution case as unfolding in the fardbeyan of Sheikh Abdul Hai of village-Sukhlahi, P.S. Mainatand, District-West Champaran recorded by O/c of Mainatand Police Station on 05.1995 at 4:30 P.M. at village-Sukhlahi, in short, is that the informant has stated that his brother Sheikh Nathuni (deceased) had gone to the mosque for offering Namaj of Johar (mid-day) and after offering Namaj he had slept in open sehan of the mosque. The mason and labourer were working in the mosque. At about 2:30 P.M., accused nos. (1) Sheikh Hayat; (2) Sheikh Mister; (3) Sheikh Wakil; (4) Sheikh Hasan; (5) Sheikh Gasul; all the three sons of Sheikh Farman, (6) Sheikh Hakim; Sheikh Mustaque; and (8) Sheikh Afsar, all residents of village Sukhlahi, P.S. Mainatand were carefully eyeing the surrounding areas and watching the people on the road situated below the sehan of the mosque. When they did not see people around, Sheikh Hayat and Sheikh Mister entered into the sehan of the mosque. The accused standing near the sehan of the mosque, exhorted Sheikh Hayat to kill informant's brother Sheikh Nathuni, who fired at his chest. On hearing the sounds of firing, as the informant rushed to the mosque, he saw the accused persons firing in the air and fleeing towards east. When he arrived at the mosque, the mason Abdul Hafiz (not examined), Sheikh Mustafa (not examined) and labourers Sheikh Dua Hakim (P.W.-1) and Tejamul Dewan (P.W.-3) stated that from amongst the accused, Sheikh Hayat and Sheikh Mister surreptitiously came near the sehan of the mosque, while others remained on the road. On being exhorted by his associates, Sheikh Hayat shot dead Sheikh Nathuni. The accused persons thereafter fled towards the east firing in the air.

(3.) The reason behind the occurrence is that informant's brother used to read verses and religious poems of holy quran in the morning on loudspeaker to wake up the persons during 'Roja' to take sehari (pre dawn meals dining fast), which was protested by the accused persons, as it disturbed their sleep. As the informant's brother did not heed to the protest, the accused persons with a common intent killed his brother.