ASGAR MIAN @ ASGAR ALI, SON OF LATE ISH MOHAMMAD MIAN, RESIDENT OF VILLAGE LADHI BAZAR, P.S. GOREAKOTHI, DISTRICT SIWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) (CAV) - This appeal is directed against the judgment and order dated 20th April, 1993 passed by Sri Lakshman Jha, First Additional Sessions Judge, Siwan in Sessions Trial No. 331 of 1988 by which he has convicted the appellant Asgar Mian under Sec. 304 Part II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years for committing culpable homicide in respect of deceased Yasin under Sec. 304 Part II of the Indian Penal Code and further sentenced him to rigorous imprisonment for seven years for committing culpable homicide with respect to deceased Md. Jalil under Sec. 304 Part II of the Indian Penal Code and both the sentences were directed to run consecutively, i.e., for a term of 14 years rigorous imprisonment and also directed that the appellant is entitled to a set off the period already undergone as under trial prisoner.

(2.) The prosecution case, in short, is that statement of deceased Yasin Mian was recorded on 21.5.1988 at 3 P.M. at Sadar Hospital, Siwan by A.S.I., V.N. Prasad (P.W.5) of Siwan Town Police Station stating, inter alia, therein that on the 21.5.1988 at 1 P.M. while he was at his home he saw a quarrel and marpit going on in between his nephew Ghafur Mian (P.W.10) and accused Muslim Mian and he tried to pacify the matter, due to which accused Muslim Mian exhorted the other accused persons to kill, and on such exhortation, accused appellant Asgar Mian and Mokhtar brought knives from their houses. Further prosecution story is that accused appellant Asgar Mian stabbed him in abdomen by knife which caused profuse bleeding to him and he fell on the ground and thereafter his father Jalil Mian (deceased) intervened but the appellant Asgar Mian stabbed him also in his stomach due to which Jalil Mian (deceased) sustained injuries in his abdomen and he also sustained injuries in his right hand finger. Further accused Mokhtar Mian also inflicted knife blow on the informant which caused injury in his right leg. On hulla, neighbours and other persons assembled there and then the accused persons fled away and they were taken to Sadar Hospital, Siwan where their treatment is going on. He has also stated that the appellant assaulted both the deceased with an intention to kill them.

(3.) On the basis of the aforesaid Fardbeyan (Ext.1), Goreakothi P.S. Case No. 45 of 1988 was instituted under Sections 307, 324 and 302/34 of the Indian Penal Code on 22.5.1988 at 1 P.M. and police took up the investigation and submitted charge-sheet against the appellant and other accused persons on which cognizance of the case had been taken and the case was committed to the court of sessions for trial.