REYAJUDDIN MIAN @ MD REYAJUDDEEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since the appellants in both the Appeals were convicted and sentenced in Sessions Trial No. 61 of 1991 by a common judgment, both the Appeals were heard together and are being disposed of by this common judgment. Both the appellants on 21.10.2009 were held guilty and convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C.") and by order of sentence dated 27.10.2009 they were directed to undergo rigorous imprisonment for life and to pay a fine of Rs. 10, 000/- each and in default of payment of fine they were further directed to undergo one year simple imprisonment.

(2.) Short fact of the prosecution case is that the informant namely Raja Ram Tiwari gave his fardbeyan on 3.10.1981 at 1.30 Hours in the Narkatiyaganj Hospital to the Officer-in Charge of Shikarpur Police Station alleging therein that he and his uncle Jata Shankar Tiwari (deceased) were sleeping on two different Chauki (cots) and a lantern was burning in the hut. At about 130 P.M. (night) all the F.I.R. named accused persons namely (1) Ramayan Sharan (2) Sipahi of Ramayan Sharan (Reyajuddin) and (3) Shyamakant Pandey arrived there. Ramayan Sharan ordered to sprinkle acid on the body of the deceased and thereafter Shyamakant Pandey and Reyajuddin Mian (who is sipahi of Ramayan Sharan) poured acid on the body of the deceased and fled away. Witnesses namely Upendra Tiwari and Bigan Raut have seen the alleged occurrence. The motive of the occurrence has been stated admitted land dispute between Shyamakant Pandey and deceased. On the basis of the said fardbyan on the same date a formal FIR vide Shikarpur P.S. Case No. 139 of 1981 was registered against three accused persons which includes the two appellants for commission of offence under Sections 326, 307/34 of the I.P.C. and subsequently since the injured died, Section 302 of the I.P.C. was added in the FIR. The FIR was lodged against (1) Ramayan Sharan (2) Sipahi of Ramayan Sharan [Reyajuddin Mian {appellant in CR. APP (DB) No. 1101 of 2009}] and Shyamakant Pandey [appellant in CR. APP (DB) No. 192 of 2010].

(3.) After investigation and finding the case true firstly on 11.05.1982 charge- sheet was submitted against Shyamakant Pandey [ appellant in CR. APP (DB) No. 192 of 2010 ] and Ramayan Sharan. Subsequently, on 08.11.1982 supplementary charge- sheet was submitted against Reyajuddin [appellant in CR. APP (DB) No. 1101 of 2009]. After submission of both charge- sheets on 107.1989 learned Chief Judicial Magistrate, Bettiah took cognizance of offence and the case was committed to the Court of Sessions on 17.01.1991 and thereafter it was numbered as Sessions Trial No. 61 of 1991. On 28.07.1994 charge under Section 302/34 of the I.P.C. was framed against all the three accused persons and further charge under Section 302 of the I.P.C. was framed against both the appellants. However, during pendency of the trial one of the accused namely Ramayan Sharan died, and as such, by order dated: 107.2002 his case was dropped. To prove its case on behalf of the prosecution altogether five witnesses were examined. Out of them, P.W. 1 (Bigan Raut) ; P.W. 2 (Upendra Tiwari) and P.W. 3 [ Raja Ram Tiwari (informant) ] were examined as eye witnesses to the occurrence, whereas one Shri Ragho Sharan Choubey (P.W. 4) was examined as formal witness and Dr. Sarvesh Prasad Verma, who conducted post- mortem examination on the dead body of the deceased was examined as P.W. 5 and he proved the post- mortem examination report as Exhibit -2. At much belated stage one witness namely Shambhu Nath Tiwari was examined as Court witness only for the purpose of proving inquest report, which was prepared in Bettiah hospital and same was marked as Exhibit After the closure of prosecution evidence, circumstances and evidences brought on record against the accused was explained to them and their statement under Section 313 of the Cr.P.C. was recorded in which they claimed to be innocent and denied their involvement. Thereafter, to disprove the prosecution case from the defence side also three witnesses were examined who are: D.W. 1 (Nand Kishore Mishra) ; D.W. 2 (Rajendra Pal Singh) and D.W. 3 (Umesh Prasad) .