MD ALAUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of conviction and order of sentence, dated 25.11.86, passed by 5th Additional Sessions Judge, Munger, by which appellants. Md. Alauddin and Md. Hashim, were convicted under Sections 302, 302/149 and 148 of the Indian Penal Code and were sentence to undergo rigorous imprisonment for life under Section 302. of the Indian Penal Code as well as under Section 302/149 of the Indian Penal Code and rigorous imprisonment for one year under Section 148. of the Indian Penal Code and appellant Md. Alauddin was also convicted under Section 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and appellants Md. Isheque and Md. Mustafa were convicted under Sections 302/149, 147 and 323 of the Indian Penal Code and were sentenced to under go rigorous imprisonment for life, rigorous imprisonment for one year and rigorous imprisonment for six months respectively.

(2.) THE prosecution case, as disclosed in the first information report (Exhibit 2) lodged by PW. 3, Md. Gayasuddin, was that on 12 -07 -78, at about 08. OC A. M. When Shoaib Mian was coming after easing and his brother, Moinuddin (PW. 1), was going to case and they were on village public road, these appellants, who were variously armed, reached there and surrounded and asked them to relinquish possession over the land sold by Mustafa in favour of Shoaib Mian and the same land was subsequently sold to appellant Hashim and Alauddin regarding which a case was filed in regard and decree was passed in favour of Shoaib Mian. Further case of the prosecution is that there was an altercation between the parties and there after appellant Alauddin and Hashim assaulted Shoaib Mlan with blunt portion of 'farsa' and 'bhala' respectively resulting in death of Shoaib Mian and it was further alleged that the remaining three appellants assaulted Moinuddin with butt of country made revolver and lathis respectively causing injuries to him. The first information report was lodged by PW. 3 at 05.00 P.M. on 12.07.78 in Chautham Police Station on the basis of which Chautham P. S. Case No. 4, dated 12.07.78, was registered against the appellants and after due investigation the police submitted charge -sheet under Sections 147, 148, 149 and 302 of the Indian Penal Code against these appellants and six other accused persons, who were acquitted by the trial court by the impugned judgment and these appellants were convicted as aforesaid.

(3.) THE defence, as gathered from the suggestion put to P.Ws., the statements of these appellants under Section 313 of the Criminal Procedure Code, appears to be that these appellants were falsely implicated in this case and that deceased, Shoaib, was murdered somewhere else in the night and his dead body was thrown and after deliberation these appellants were falsely implicated in this case due to enmity and litigation.