QAMRUL @ MD QAMRUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) While a prayer has been made on behalf of learned counsel for the appellants to release them on bail after suspending the sentence as provided under Section 389(1) of the Cr.P.C., at that very moment, some sort of deficiency was perceived at the end of the learned lower Court and on account thereof, it has been found expedient in the interest of justice to have proper adjudication at an earliest to avoid undue delay, which ultimately would cost the appellants and so, directed to be listed for hearing instead of indulging over stage of Section 389(1) of the Cr.P.C. and that happens to be reason behind listing of instant appeal on priority basis.

(2.) Appellants, Qamrul @ Md. Qamrul, Jakir, Sajjauddin, Tajuddin, Salauddin, Sakir Alam @ Sakir and Md. Taeef have been found guilty for an offence punishable under Section 304(i) / 34 of the I.P.C. and each one has been sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.20, 000/- and in default thereof, to undergo S.I. for six months, additionally, by the 2nd Additional Sessions Judge, Araria in Sessions Trial No.495 of 2016/ 81 of 2017.

(3.) Bibi Daulati filed written report on 24.06.2015 at about 8.45 p.m. disclosing therein that on the same day i.e. 24.06.2015 at about 11.30 p.m., her neighbours Md. Tajuddin, Sajjauddin, Salauddin, Jakir, Qamrul Hussain, Sabir Alam, Sakir Alam, Md. Taeef under common intention as well as hatching a conspiracy armed with lathi, danda came inside her courtyard and began to abuse her husband Md. Seraz. They have also directed to allow fall of water over her roof, which was protested by her husband. On account thereof, on an order of Tajuddin, all of them began to assault her husband with leg, fist, danda and then, with an intention to kill, Sajjauddin pounced upon his chest and assaulted. When she rushed in rescue of her husband, they outraged her modesty. They have also looted away her belongings. After departure of the accused persons, she with the assistance of others, lifted her husband to hospital, during midst thereof, her husband succumbed to his injuries.