MOHAMMAD RABANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 30.4.91 passed by the then V/s. Additional Sessions Judge, Munger in Sessions Case No. 875/86 convicting the accused Appellant No. 3, Sk. Kalim under Section 302 of the Indian Penal Code while the other three accused Appellants, namely, Md. Rabani, Sk. Gaffar and Sk. Bhola, have been convicted under Section 302/34 of the Indian Penal Code and sentencing each of them to undergo R.I. for life.

(2.) BOTH the parties were inimical to each other is an admitted fact. The prosecution case, in brief, is that deceased Sk. Ibrahim on 24.6.86 at about 3.30 P.M. came to the house of his brother Sk. Jumman while he was supervising the construction of a new house at village -Gaura, P.S. Kharagpur, District - Munger. Sk. Rohin, the informant was also there on the construction site. After remaining for a while at the construction site Sk. Ibrahim, the deceased, and the informant, Sk. Rohin, came out of the house from the north side and proceeded towards east. Sk. Rohin, the informant, followed the deceased Sk. Ibrahim. As soon as they came to the sahan of the construction site, all of a sudden the accussed Appellant, namely, accused Sk. Kalim armed with double barrel gun, Sk. Bhola armed with 303, Sk. Gaffar armed with 18" 303 and Sk. Rabani armed with bhala appeared from the eastern side and Sk. Kalim fired at Sk. Ibrahim from his gun. At the receipt of gun shot injuries Ibrahim fell down and died at the spot. When Rohin, the informant, wanted to help his uncle accused Kalim and Bhola threatened him on the point of their gun and pistol. Rohin started shouting for help and on his call, several persons including the labourers in the construction site and some ladies of the neighbourhood came to the spot. On their arrival the accused persons fled away towards the east. Information was lodged by Sk. Rohin on the same very date, i.e. on 24.6.86 at 17.30 hours and on the basis of the fardbeyan of Sk. Rohin, Kharagpur P.S. Case No. 88/86 was registered under Section 302/34 of the I.P.C. On the spot inquest was held over the dead body of Sk. Ibrahim and the dead body was sent for autopsy and the medical examination. Gun shot injury was found on the stomach of the deceased and corresponding wound was also found of exit of pillet on the back side.

(3.) THE defence case is the denial of the prosecution story. According to them one Kanji Khatun of the neighbouring house of the deceased was murdered on her door steps and the prosecution party including the informant Sk. Rohin, accused in that case and only to cover up that offence and to create a defence for themselves the present case has been filed. The deceased Sk. Ibrahim was also an accused in the Kanji Khatun 'smurder case including arson.