SAHABU MIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Appeal was preferred by the sole appellant under Section 374(2) of the Code of Criminal Procedure , 1973 ( hereinafter referred to as the "Cr.P.C.").

(2.) The Appeal was admitted on 25.01.2012 and it was also noticed that there was no prayer for bail. Record suggests that he surrendered on 21.07.2009 and since then he is in custody. The appellant was convicted on 28.11.2011 for commission of offence under Section 302 of the Indian Penal Code, 1860 ( hereinafter referred to as the " I.P.C.") in Sessions Trial No. 269 of 2009/ 65 of 2009 by Sri Ravi Shankar Tiwary, learned Additional District & Sessions Judge , F.T.C. I, Kaimur at Bhabua ( hereinafter referred to as the "trial judge") and by order dated: 29.11.2011 he was sentenced to undergo imprisonment for life for commission of offence under Section 302 of the I.P.C. and was imposed a fine of Rs. 1,00000/-. In case of default of payment of fine, he was directed to undergo further imprisonment for five years. It was directed that 50% of the fine amount should be paid to the family members of the deceased.

(3.) Short fact of the case is that on 15.07.2009 at 16.30 Hours (4.30 P.M.) Sub Inspector of Police Sri Om Prakash Singh (P.W.9) recorded fardbyan of Sameena Khatoon [ P.W.1, wife of Safikul Miya (deceased)] of village: Chainpura , P.S.- Adhaura, District - Kaimur. The said fardbyan was recorded in the vacant field of Ali Hussain Miyan in the village:- Chainpura. In the fardbyan the informant disclosed that on the same day i.e. on 15.07.2009 at about 3.00 P.M. (evening) on the border of her husband's field Sahabu Miya (appellant) was erecting bar. The informant and her father-in- law Ali Hussain Miyan were also present there. Her husband Safikul Miya asked Sahabu Miya not to erect. On this, altercation took place. In the meanwhile, Sahabu Miya with tangi ( axe) which he was carrying gave repeated blow on her husband. While the informant and her father- in- law ran to save, Sahabu Miya (appellant) proceeded towards them carrying tangi. Being frightened, both informant and her father -in-law fled away. Again Sahabu Miya returned back to the place where her husband had already fallen and on second occasion also Sahabu Miya gave blow by tangi on her husband. The informant further disclosed that from some distance her villager - Aamna Khatoon [P.W. 3, wife of Mainuddin ( P.W. 4)] was witnessing the occurrence and on alarm being raised by the informant and her father-in-law others also arrived there, and thereafter, Sahabu Miya carrying tangi fled away towards the Western side. The informant further disclosed that while Sahabu Miya was giving blow by his tangi on her husband, son of Sahabu Miya namely: Jubair was flashing lathi. After Sahabu Miya fled away the informant went nearer to her husband and she noticed that her husband had already died. The said fardbyan was read over to her and finding it correct the informant put her R.T.I. on the fardbyan. Ali Hussain Miyan [P.W. 2, father -in-law of informant) also put his signature on the fardbeyan.