ABDUL HAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the judgment dated, 16.7.1993 passed by Shri B.K. Sinha, 2nd Additional Sessions Judge, Singhbhum (West) at Chaibasa in Cr. Appeal no. 59/91, thereby and thereunder the appeal was dismissed and the judgment of conviction as recorded by Shri S.P. Sinha, Asstt. Sessions Judge, Saraikela in S.T. No. 335 of 1989 was confirmed and maintained.

(2.) The fact in short for the purpose of this revision is that according to prosecution on 22.7.1987 at about 9.30 p.m. the informant along with his son, PW 1 was sitting outside the door of his house situates in village Sobhapur, P.S. Rajnagar and at that time a lantern was also burning outside the house. It has also been alleged that three persons including these two petitioners and one Sk. Israil entered in the compound of the house and when they were challenged by the informant then a person fired from his pistol which did not hit any body and then the informant Md. Siddique flashed his torch and he identified that Abdul Hai was holding a pistol whereas one Sk. Israil was holding a lathi. Immediately, after that informant and his family members entered in the house and bolted the door from inside but the accused persons tried to break open the door but they were unsuccessful. In the meantime the informant raised alarm then the accused persons escaped away. Then, it was detected that just outside the gate an empty cartridge was found and it is also alleged that in the year, 1985. the murder of the son of the informant namely, Rafique was committed and these petitioners and others were facing trial in that session case and so it was alleged that only out of enmity the accused persons named in the FIR came for the purpose of killing. The informant on that very night at 11.30 p.m. had gone to Rajnagar P.S. and lodged the FIR so a case was instituted as against these two petitioners and one Sk. Israil.

(3.) The police after completing investigation submitted charge-sheet as against these petitioners and Sk. Israil was shown as absconder. These two petitioners claimed themselves innocent in the trial court but the trial court found them guilty under Section 452 of the IPC and they were sentenced to undergo RI for four years whereas Abdul Hai was further found guilty under Section 27 of the Arms Act, and he was further convicted and sentenced to undergo RI for two years, and it was also ordered that all the sentences will run concurrently. However trial court acquitted the petitioners so far as the charge under Section 307 of the IPC against the order of conviction the petitioners preferred Cr. Appeal no. 59/91, which too was dismissed by 2nd Addl. Sessions Judge, Chaibasa and then this revision had been preferred.