MD ASLAM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19th July, 1986 passed in Sessions Trial No. 283 of 1986 convicting and sentencing the appellant to undergo R.I. for life under Section 302 of the Indian Penal Code.

(2.) The case of the prosecution in short is that on 15.1.1985 at about 9 p.m. the appellant went to the tea stall of Informant Shahid (PW-5) situate of Mohalla Sabzibag, P.S. Pirbahore, District-Patna, and when the Informant demanded back his money from the appellant, the appellant gave him a sum of Rs. 75/- out of Rs. 145/- which was given earlier to him for keeping in safe custody by the Informant. When the Informant demanded balance amount, the appellant becames annoyed. The father of Informant asked the appellant for returning the balance amount because it was to be paid to 'Mahajans' (creditors). The appellant became furious and he whipped out a knife from his waist and gave 2-3 blows on the father of the Informant hitting on his abdomen and on the left side of the chest as a result of which father of Informant becames injured and fell down. The Informant raised hulla on which his phupha (husband of sister of father) Zahur Alam (PW-1) and others came to the place of occurrence and the appellant then fled away. The father of the Informant was taken to Patna Medical College and Hospital (PMCH) on a rickshaw by Zahur Alam and others. Bhaiya Pradeep Kumar Sinha (PW-7), who was posted at that time as Additional Officer-in-charge at Pirbahore Police Station received information on telephone that an incident of dagger stabbing had taken place near Shia Masjid. He then after recording Station Diary Entry No. 656 (Ext. 6) proceeded to the place of occurrence where he came to know that father of the Informant had been stabbed by a dagger and Informant also met him there and he then ordered S. I. Raghunath Mahto for recording the fardbeyan of Informant and also told that he himself would investigate the case and proceeded to PMCH because he had further come to know that the injured had been shifted to PMCH. At PMCH father of Informant died on the same day and Section 302, IPC was subsequently added to the FIR which was initially registered under Sections 307 and 326 IPC. The Police prepared an inquest report of the dead body of the father of the Informant visited the place of occurrence, recorded the statements of the witnesses and after investigation submitted charge-sheet against the appellant under Section 302, IPC. The appellant after trial was found guilty under Section 302, IPC and was convicted and sentenced to R.I. for life under this head.

(3.) The case of appellant before the Court below as it appear from the trend of cross-examination of Informant is that because he had not agreed to proposal of the mother of the Informant to marry her daughter, therefore he has been falsely implicated in this case.