NASRULLAH MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been filed against the judgment and order dated 16-6-1986 passed by Sessions Judge. West Champaran. Bettiah in Sessions Trial No. 159 of 1984 whereby Nasrullah Mian appellant in Criminal Appeal No. 311 of 1986 was convicted for the offence under Section 302/34 of the Indian Penal Code and was sentenced to undergo imprisonment for life. He was further convicted for the offence under Section 394 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for ten years. Nasiruddin Ansari appellant in Criminal Appeal No. 462 of .1986 was convicted for the offence under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life. He was further convicted for the offence under Section 394 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years.

(2.) On 27-11-1983 at about 3.45 a.m. Baidullah Ansari gave his fardbeyan that on 26-11-1983 he was sleeping with his wife on a cot. At 10-11 p.m. three persons entered after removing the tat. They flashed torch at his face and demanded ornaments and money. His wife gave her nosepin to them. They further demanded ornaments and money. He said that he had no ornament and money on which one of the miscreants gave dagger blow on his stomach and they ran away leaving the dagger. On alarm railed by him his brother Abdullah Ansari, Munsif Ansari and Nazrul Dhobi came there and had seen the occurrence. He claimed that he identified the miscreants by face. The fardbeyan was recorded in presence of Abdullah Ansari, who signed the fardbeyan as a witness.

(3.) On the aforesaid fardbeyan first information report was registered against unknown and investigation was taken up. On completion of the investigation charge-sheet was submitted against the appellants. On receipt of the chargesheet cognizance was taken and the case was committed to the Court of Sessions for trial.