MD.LEYAQUAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Md. Leyaquat, was tried by the learned 4th Additional Sessions Judge, Khagaria in Sessions Trial No. 243 of 1999 for charges under sections 302, 307 and 341 of the Indian Penal Code and by judgment and order of conviction dated 20th Feb., 2003, the appellant was held guilty of committing offence under sections 302 and 341 of the Indian Penal Code. While hearing on sentence, the learned Trial Judge directed the appellant to suffer imprisonment for life under section 302 of the Indian Penal Code and imprisonment of six months under section 341 of the Code. The judgment and order of conviction and that of sentence dated 21.2.2003 are being assailed through the present appeal. The prosecution case is contained in Exh. 2. which is the fardbeyan of the deceased Md. Nuro, which was recorded in Sadar Hospital, Khagaria where he had been shifted for treatment. The deceased stated that the present appellant came to his house and took him out of it on the pretext of offering Namaz and they went together towards the Government bungalow where the appellant started inflicting choora blows to the deceased which fell on his left neck, right hand, fingers and belly. The injury on belly caused the omentum to come out. The deceased raised a hatla which attracted the village people who brought him to hospital.

(2.) The motive for the commission of the offence, as alleged in the fardbeyan by the deceased, was that the appellant had attempted to ravish ten year's old daughter of the deceased some times in the months of Jyesth/Baishakh when she had gone to graze the goats, which act of the appellant was revealed by the young girl to her father and they had stopped her to go out for grazing goats. Thereafter, the appellant used to call the deceased for going together to offer Namaz. However, on that particular day, the appellant came inside the Angan of the deceased to take him with him which was protested by the wife of the deceased who forbade the appellant to venture inside the Angan further which caused annoyance and, as such, the offence was committed by the appellant.

(3.) Exht. 2, the fardbeyan, was sent to the police station and on that basis the first information report of the case (Exht. 4) was drawn up. The deceased appears dying on 17.12.1998. The post-mortem examination was held on the dead body on 18.12.1998.