MANSOOR ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals have been heard together and are being disposed of by this common judgment as both arise out of the same judgment and order dated 10th April, 1995 passed in Sessions Trial No. 212/1991/139/1994 by 6th Additional Sessions Judge, Begusarai convicting and sentencing the appellant Mansoor Ansari to undergo life imprisonment under Section 302, IPC and RI for 7 years under Section 27 of Arms Act and appellant Shanker Sahni to undergo life imprisonment under Section 302/34, IPC. The sentences passed against appellant Mansoor Ansari have been ordered to run concurrently.

(2.) The case of prosecution in short is that on 13-7-90 the informant Md. Arshad Ali (PW 9) along with his family had gone to his 'sasural' at Village Sujanpur P. S. Garhpura within the district of Begusarai to attend the marriage of his brother-in-law Md. Samad Ansari and since then he was there. On 5-8-90 after taking meal he and his brother-in-law Md. Samad Ansari were sitting on a 'chowki' in the eastern room of the house. At about 2.45 p.m. appellant Shanker Sahni carrying a country made pistol came there and sat on the chair. The informant made comment that what he had brought with him. In the meantime appellant Mansoor Ansari armed with a country made pistol came there and he shot at Md. Samad Ansari hitting on right side of his chest who instantaneously died there. The informant raised alarm on which Noor Mohammad (PW 1), Kalimuddin (PW 2), Abdul Aziz Ansarai (not examined) and others came there, who all saw both the appellants running away. In the process of hurriedly running away appellant Shanker Sahni got a jerk from the flank of door and the country made pistol which he was carrying dropped at the door of the house. Appellant Shanker Sahni after chase by villagers was caught. A.S.I. Shidheshwar Prasad Yadav (PW 10) who at that time was posted at Garhpura Police Station, after hearing the rumours about the murder reached the house of 'sasural' of informant on the same day at about 3.30 p.m. and recorded the fardbeyan (Ext. 3) of the informant on the basis of which a formal F.I.R. (Ext. 4) was drawn. PW 10 took up the investigation and he prepared an inquest report (Ext. 5) of the dead body of the deceased and inspected the place of occurrence. He seized a country made pistol (Mat. Ext. I), a 12 bore cartridge (Mat. Ext. II), front portion of 303 pellet (Mat. Ext. II/I) and a blood stained bed sheet (Mat. Ext. III) which were found at the place of occurrence and prepared seizure lists (Exts. 6 and 6/1). He recorded the statements of witnesses and made over the charge of investigation to S. I. Nand Lal Choudhary (PW 11), who after completing the investigation submitted charge sheet against both the appellants. After commitment of the case to the Court of Session charges under Section 302, IPC and under Section 27 of Arms Act were framed against appellant Mansoor Alam and charge under Section 302/34, IPC was framed against appellant Shanker Sahni and both the appellants were put on trial. The defence of appellants before the Court below, as it appears from two defence witnesses on their behalf and from the trend of cross-examination, was that the informant himself committed murder of the deceased in order to grab the property of his in-laws and at the time of occurrence appellant Shanker Sahni was fishing in a pond when at 3.30-4.00 p.m. Aajoo Mian cousin of Jasruddin (PW 5) along with 10-20 persons came there and caught appellant Shanker Sahni and after assaulting him took him away towards village. After the trial Court below found both the appellants guilty and accordingly, convicted and sentenced them as indicated above.

(3.) Altogether 12 witnesses were examined on behalf of prosecution. MD. Arshad Ali (PW 9) is the informant and is the only eye witness to the occurrence. Dr. P. N. Singh (PW 8) had conducted autopsy on the dead body of the deceased. Shidheshwar Prasad Yadav (PW 10) is the Police Officer who had recorded the fardbeyan of informant at the place of occurrence and had seized blood stained bed sheet, a country made pistol, cartridges etc. from the place of occurrence and had recorded the statements of witnesses. Nand Lal Choudhary (PW 11) is the Police Officer who after receiving the charge of investigation from PW 10 and after collecting the post-mortem examination report, report of ballistic expert and sanction from the District Magistrate for prosecution under Section 25(a) of Arms Act had submitted the charge sheet. Md. Kiyamuddin Ansari (PW 7) is a witness in whose presence the I.O. had prepared inquest report of the deadbody of deceased on which this witness and another witness namely, Ram Bilash Choudhary (not examined) had put their signatures (Exts. 1/2 and 1/3). Md. Jamiruddin Amin (PW 5) is the father of deceased, who on the day of occurrence at about 5.00 p.m. returned to his house from Begusarai and he was informed by the informant and others about the murder of his son by the appellants. Noor Mohammad (PW 1), Md. Kalim (PW 2), Md. Sadik alias Md. Sabir (PW 3), Naziruddin (PW 4) and Jai Nav Begum (PW 6), the mother of deceased, are the witnesses who had reached the place of occurrence after hearing the sound of firing and had seen both the appellants' running away from the place of occurrence. Tribhuwan Prasad Singh (PW 12), who at the relevant time was posted as sergeant Major has examined a country made pistol, a 12 bore cartridge and front portion of pellet seized from the place of occurrence.