PAIRU MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appellants along with Md. Hamid Mian were put on trial before the Additional Sessions Judge, Gaya, in Sessions trial No. 68. of 1985/13 of 1985 and both of them have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo RI for life. The other accused Md. Hamid Mian was acquitted of the charges levelled against him.

(2.) THE prosecution case in brief is that on 27.7.1984 at about 4.30 p.m. the deceased Kamruddin was standing near Chhata Mosque in the town of Gaya. At that point of time, the appellant Md. Seraj Mian came and asked him to settle the matter with Md. Hamid, who at that time was sitting in Mohalla Murarpur. Thereafter, the deceased left in the company of Md. Seraj for Murarpur, and when he reached near the shop of one Raso Mian (PW 3), the deceased noticed the appellant Pairu Mian and acquitted accused Md.Hamid sitting there. Appellant Pairu Mian caught hold of him and appellant Md. Seraj and acquitted accused Hamid assaulted him with knife and razor causing injuries into his stomach, hand and chest, as a result of which he fell down. PW 1 Pheku Mian, PW 3 Md. Rashid @ Raso Mian and PW 4 Teju were present there and have witnessed the occurrence.

(3.) PW 6 Chaturbhuj Narayan Singh was posted as SI of police at Kotwali Police Station, Gaya, at the relevant time. On the basis of OD slip, he proceeded to the Pilgrim Hospital where the injured was taken. He recorded the fardbeyan of the deceased Kamurddin at 6 p.m. in presence of Md. Saleem (PW 2) and Fakruddin Mian, who is not examined. The fardbeyan has been marked as Ext. 3 on the basis of such fardbeyan a formal FIR (Ext. 4) was drawn up and PW 6 Chaturbhuj Narayan Singh proceeded with the investigation. He took the further statement of the deceased which has been marked as Ext. 5. Thereafter, the deceased succumbed to injuries and his dead body was sent for post mortem examination. After receipt of the post -mortem report and on completion of the investigation, PW 6 submitted the charge -sheet.