RAHMAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal has been preferred against the judgment and order dated 9.3.1988, passed by learned 2nd Additional District and Sessions Judge, Saran at Chapra, in ST. No. 112 of 1986/178 of 1986, whereby he has convicted all the three appellants under Section 302/34 of the Penal Code and sentenced them to life imprisonment.

(2.) The prosecution case in short as made out in the statement/fardbeyan of Jaibun Nisa, wife of Abdul Kalam, resident of Village Bhorha, P.S. Panapur, District Saran recorded by the S.I., K.P. Singh of Panapur P.S. on 7.6.1985, at her house at 9.30 A.M., is as follows: - (i) The informant stated that her father -in -law, Kitab Mian, aged 60 years, had gone to see his field situated in front of her house towards north measuring 6 Kathas. She stated that the aforesaid land, since many years, is coming in their possession. While the informant 'sfather -in -law was having the land ploughed by Nan.d Prasad, appellant no. 3, her relative Raj Bali, son of Rahman Mian, asked her father -in - law not to plough the land. Thereupon Kitab Mian replied that the land belongs to him and as such he would continue to plough the same. Thereafter Raj Bali went towards his house and immediately returned to the field alongwith his father Rahman Mian and his brother Sirajuddin Mian. Raj Bali was armed with farsa, his father Rahman Mian was armed with Bhala and Sirajuddin was armed with lathi. They immediately started assaulting her father -in -law. Rahman Mian instigated others to kill whereupon Raj Bali hurled farsa blow on the head of her father -in -law and Rahman Mian gave bhala blow on the gatta of left hand as a consequence Kitab Mian fell to the ground. Thereupon Sirajuddin Mian assaulted him with lathi. (ii) The informant, her sister -in -law Najma Khatoon, and mother -in -law Hashiban, on seeing the occurrence, rushed towards Kitab Mian raising hue and cry and shielded him from more assault. Near about that time, the accused persons began to flee away. Aforementioned Nand Prasad, son of Baldeo Bhetihar, and one Baliram Bhetihar, son of Jagdeo Bhetihar, who were also working in the nearby field saw the occurrence and tried to intervene. On account of assault, blood oozed from both head and mouth. While they were trying to go to the police station one Dr. Islamuddin came and around that time her father -in -law died. The informant claimed that the accused persons with common intention came variously armed and murdered her father -in -law. On the basis of the aforesaid fardbeyan (Ext. 2) Panapur P.S. Case No. 82/85 was instituted under Section 302/34 of the Penal Code. After investigation, charge -sheet was submitted and cognizance of offence under Section 302/34 of the Penal Code was taken and the case was committed to the court of sessions on 31.3.1986 for trial. Charges under Section 302/34 of the Penal Code was framed against the accused persons to which they pleaded not guilty and claimed to be tried.

(3.) THE prosecution examined altogether nine witnesses in support of its case, whereas the defence examined three witnesses. Out of nine prosecution witnesses, the informant Jaibun Nisa (P.W. 1), Najma Khatoon (P.W. 2), Hashibun (P.W. 3) wife of the deceased, Nand Prasad (P.W. 4) ploughman, Baliram (P.W. 5), who is cousin of P.W. 4 are eye witnesses to the occurrence, Ushman Ansari (P.W. 6), and Ayub Ansari (P.W. 7), are formal witnesses, and K.P. Singh (P.W. 8) is the Investigating Officer of the case, whereas Dr. C.N. Gupta (P.W. 9) conducted autopsy on the deceased Kitab Mian.