MD. RAKIB KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction and sentence order dated 28.05.1994 passed by learned 2nd Additional Sessions Judge, Katihar in Sessions Trial No. 237 of 1992 by which and whereunder he convicted both the appellants for the offence punishable under Section 302 of the Indian Penal Code and sentenced them to undergo imprisonment for life. However, the learned Additional Sessions Judge-2nd, Katihar acquitted the appellants of the charge framed under Section 396 of the Indian Penal Code and similarly, acquitted three other accused of the above stated charge.

(2.) PW-7, namely, Sarjug Pd. Bhagat gave his fardbeyan to police on 19.07.1991 at 1.30 A.M. at Sadar Hospital, Katihar in presence of Md. Salim Khan (PW-3), Md. Basir Khan and Ram Sarup Yadav to this effect that two and half years ago, his wife, namely, Sushila Devi had purchased 15 dhur land from Rauf Khan and got constructed her house over the said land. Subsequently, she got certified copy of registered sale deed and came to know that the aforesaid Rauf Khan had given land to her towards east side though the sale deed was executed for the land of west side. The PW-7 further stated that on 18.07.1991 at about 01:00 P.M, he had gone to Katihar Court to attend his case where hot exchange of words took place between him and Rauf Khan and after that Rauf Khan had given threatening to him . He further stated that on 18.07.1991 at about 10 P.M., he along with his wife, namely, Sushila Devi came out of their house to urinate but the above stated appellants along with Rauf Khan, Md. Sabir Khan, and Abid Khan came there and accused Rauf Khan ordered the others to assault him and his wife whereupon, appellant Rakib Khan started assaulting his wife Sushila Devi by means of dagger. Accused Sabir Khan was armed with gun. PW-7 further stated that he took to his heels. On alarm, villagers came there. His wife having sustained injury, fell down there. He further stated that the aforesaid persons looted the belongings of his house and fled away from there with looted booty. The villagers witnessed the occurrence.

(3.) On the basis of aforesaid fardbeyan of PW-7, Korha P. S. Case No. 137 of 1991 was registered and formal FIR was drawn up against the appellants and three others for the offence punishable under Sections 302\34 and 380 of the Indian Penal Code. After investigation, charge-sheet was submitted and subsequently, the appellants and three others were put on trial and stood charged for the offences punishable under Section 302 read with Section 149 and Section 396 of the Indian Penal Code. The appellants and other accused denied the charges and claimed to be tried.