ABDUL SALAM Vs. S M ASLAM

JUDGEMENT

(1.) IN the night of 18th November, 1981 there was an incident of stabbing in between villages Hussainabad and Moulachak P. S. Mojahidpur in the district of Bhagal -pur near the slaughter house in which occurrence one Zamil Ahmad, father of the informant Md. Shakil Ahmad P. W. 3 was stabbed to death and Md. Shakil Ahmad was also given stab injuries. Md. Zamil Ahmad died in the hospital. The assailant was one Md. Saukat, who long with two other accused named in the F.I.R. are absconding since the date of occurrence. These three appellants were charged and tried under Section 302 read with Section 149 and Section 307 read with Section 149 of the Indian Penal Code for the murder of Zamil Ahmad and murderous assault on the informant Shakil Ahmad. By judgment pronounced on 15.3.1986 the 3rd Additional Sessions Judge, Bhagalpur, who tried these appellants, found them guilty of the charges and sentenced them imprisonment for life under Section 302 read with Section 149, I.P.C. The appellants were further sentenced seven years imprisonment under Section 307 read with Section 149 I.P.C. The trial court also imposed fine under both counts.

(2.) THE case of the prosecution was that Md. Zamil Ahmad murdered in furtherance of the common object of all the accused persons. The appellants were members of the unlawful assembly and in prosecution of the common object Md. Zamil Ahmad was murdered and an attempt was made on the life of Md. Shakil Ahmad.

(3.) ACCORDING to the case of the prosecution, at about 11.00 p.m. in the night of the occurrence Md. Shakil Ahmad P.W. 3 was returning home after selling hides along with his father the deceased and when they reached near the slaughter house which is in between the villages Hussainabad and Maulachak, Shakil Ahmad saw thes appellants and absconding accused Saukat, Nayeem and Bhago, sons of Basul Appellant Saiem is also son of Basul and other of absconding accused named above. All the accused persons were sitting near the slaughter house. Seeing the informant and his father approaching, they stood up and came near the informant. Among them, the absconding accused Md. Saukat started searching pocket of the informant to which the informant objected. Thereupon, Saukat started hurling abuses and assaulting the informant with fist end slap and thereafter this very accused stabbed him on the lower part of the back on the left side and his left shoulder causing substantial injuries on his person. When the deceased Zamil Ahmad intervened, Md. Saukat and other accused persons are alleged to have caught hold the hands of Md. Zamil and Saukat also stabbed him on his chest and on his right thigh, Zamil Ahmad was brutally wounded and he was shifted to hospital where he succumbed to his injuries.