MD. KUDRISH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and the learned Addl. P.P. appearing for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 22/5/2013 and the order of sentence dtd. 24/5/2013, passed by the 1st Additional Sessions Judge, Purnea in Sessions Trial No. 798 of 212 arising out of Rupouli (Mohanpur O.P.) P.S. Case No. 87 of 2008, whereby and whereunder the sole appellant has been convicted for the offence punishable under sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000.00 for the offence under sec. 302 I.P.C.. In default of payment of fine, he has further been sentenced to undergo rigorous imprisonment for six months.

(3.) The prosecution case, in brief, is that the informant namely, Md. Mozahir gave his fardbeyan on 16/10/2018 alleging precisely therein that on 16/10/2008 at 6.45 p.m. he alongwith his younger brother Md. Mujeeb and son-inlaw of his elder brother were coming on two motorcycles, but as soon as he turned towards his village, he saw in the light of motorcycle 8-10 persons having firearms in their hands were standing by the side of the road and the said persons tried to stop them and co-accused, Mukesh Singh @ Wakil Singh fired but the informant managed to ran away but unfortunately another motorcycle on which Mujeeb and Perwez were sitting was stopped and they were killed by firing on them. He has further alleged that earlier co-accused Mukesh Singh @ Wakil Singh had threatened to kill Mujeeb and on complaint a proceeding under sec. 107 Cr.P.C. was initiated. After the occurrence several persons reached there but the miscreants managed to flee away.