MD FAROOQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Bakshi S.R.P. Sinha, learned senior counsel, assisted by Sri Praveen Kumar Agrawal, learned counsel for the appellant and Sri Ajay Mishra, learned Additional Public Prosecutor.

(2.) This appeal has been filed against the judgment of conviction dated 30.03.2013 and order of sentence dated 02.04.2013, passed by Sri Housila Prasad Tripathi, Adhoc, Additional Sessions Judge-II, Katihar in Sessions Trial No. 226 of 2011, arising out of Katihar (Mufassil) P.S. Case No. 62 of 2009, whereby the appellant has been convicted under section 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs. 25000/-, in default of which, further imprisonment for a term of one year for the offence committed by him under section 302 of the Indian Penal Code.

(3.) The facts of the case, in short, is that on the basis of the fardbeyan of informant Kaili Khatoon dated 09.06.2009, Katihar Mufassil P.S. Case No. 62 of 2009 was instituted against the appellant Md. Farooque and his brother Lal Mohammad, wherein it has been alleged that on 08.06.2009 while the daughter of the informant namely Shalia Praveen @ Pammi Khatoon was returning back to her home after taking tuition, on the way near the house of Md. Islam, her son-in-law, Lal Mohammad and this appellant along with 3-4 others came on a motorcycle and tried to take away her daughter forcibly on their motorcycle. On her protest, the appellant Md. Farooque took out pistol and shot her dead. Thereafter, the appellant and other accused persons fled away towards Katihar on motorcycle raising pistol upon the villagers, due to which, none of the villagers dared to come close to them. On receiving information, when the informant reached at the place of occurrence, she got detailed information about the incident. It has been further alleged in the fardbeyan that the cause of occurrence is that these accused persons are accused in the case of murder of husband of the informant and they were putting pressure for compromising the case of murder.