LAWS(PAT)-1998-3-25

FATAH MIAN Vs. STATE OF BIHAR

Decided On March 18, 1998
FATAH MIAN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) There are seven appellants in this appeal. They were all -convicted by the trial Court under Section 307 read with Section 34 to the Penal Code. Appellant No.2, in addition to this, was also convicted under Section 27 of the Arms Act. All the appellants were sentenced to undergo rigorous imprisonment for three years under Section 307/34 of the Penal Code. Appellant No.2 was additionally sentenced to undergo rigorous imprisonment for 18 months for the offence under the Arms Act. His two sentences were directed to run concurrently.

(2.) It may be noted here that before the trial Court there was one more accused namely Rashid Mian. At the commencement of the trial, he was charged with under Section 307 of the Penal Code and Section 27 of the Arms Act. He, however, died before the conclusion of the trial.

(3.) The prosecution case was instituted on the basis of the fardbeyan (Ext. 2) of Allauddin (PW 7) which was recorded at Bhabua P.S. by a Sub-Inspector posted there on 1-11-1978 at 3.15 p.m. A formal FIR (Ext. 1) was later drawn up on the same day at 6.30 p.m. incorporating the fardbeyan and giving rise to Mohania P.S. case No.1 (11) 78. According to the informant fardbeyan, on that day 1-11-1978 he along with his brother-in-law Naimuddin, proceeded for Mohania from his in-laws home at village Bhitti. The informant was going to his home while his brother-in-law was to buy some cloths at Mohania. When they reached a little distance towards the south of the village they saw a large number of persons harvesting paddy from a piece of land belonging to his brother-in- law. They then proceeded towards the land and saw that appellants 1 to 6 along with Rashid Mian (since deceased) and a large number of persons were harvesting the paddy. It was about 8 Oclock in the morning at that time. Rashid Mian was carrying a gun while appellant No.2 had a country made pistol. The others were armed with Lathi, Bhalla, Gamsa etc. When they were at a distance of about 1 bigha from the land the informants brother-in-law protested and asked the accused why were they indulging in such an act. At this Rashid Mian started in discriminate firing from his gun. The shots fired by him caused injuries on the informants chest, head and left leg and he fell down. His brother-in-law Naimuddin also received gun shot injuries on his right knee and he also fell down. Thereupon appellants 8 and 3, from among the accused, came there and took out Rs. 150/- from the informant's pocket and also took out the money from the pocket of his brother-in-law. On Hulla being raised a large number of persons assembled including Insan Mian, Ram Dahin Singh and Mohan Singh. They carried the informant and his brother-in-law to the road from where Kalamuddin, another brother-in-law of the informant, brought them to the Bhabua Hospital. There the Doctor advised them to go to Banaras so that their X-ray may be taken. From the hospital Kalamuddin brought them to the Bhabua P.S. where the informant gave his statement.