SHAUKAT ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by the sole appellant Shaukat Ali is directed against the judgment and order dated 22-8-1991 passed by the 3rd Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 139 of 1989/3 of 1991, convicting and sentencing the appellant to undergo imprisonment for life under Section 302 of the Indian Penal Code (for short, the IPC).

(2.) The case of the prosecution, in short, is that Rahmat Mian, husband of the informant Amna Khatoon (PW 3) was working in a 'Chatkal' (Jute Mill) but since three months prior to 24-9-87 which is the date of reporting the case with the police, he was living in his house situate at Village Narayanchak, P.S. Madhaura, District Saran and was engaged in the work of preparing 'Biri'. His two brothers, Barkat Ali (PW 6) and appellant Shaukat Ali with their families, were also living in the same house but all the three brothers were separate in mess. There was an agreement between the husband of informant and his brothers for providing food to their parents. The informant was regularly providing food to her mother-in-law whereas Barkat Ali and Shaukat Ali were giving food to their father by monthly rotation. Appellant was not providing food to his father properly and whenever his turn came, he used to avoid to provide food to his father. From 23-9-87 the term of appellant for providing food to his father started and when he was asked to give food to his father he flatly refused and started abusing. On the same day i.e. on 23-9-87 at about 8 P.M. when food was not given to father-in-law of the informant, her husband asked the appellant to give food to his father on which the appellant abused him and he brought a "Chhura" and gave a Chhura blow on the chest of the husband of the informant who fell in the angan and thereafter the appellant repeatedly gave a number of Chhura blows to the husband of informant causing injuries on his neck and both arms. Blood started coming out from the injuries received by the husband of the informant who raised hulla that appellant had assaulted him with Chhura and when the informant tried to rescue her husband the appellant pushed her also and she fell down and appellant then gave threatenings to her for assaulting with Chhura. On hulla Barkat Ali (PW 6), Shakina Bibi the mother-in-law of the informant, Salauddin, Layakat Ali and Masiuddin, who are neighbours of informant and others came there who also witnessed the occurrence. The appellant after assault fled away towards north. The husband of informant died. The fardbeyan of informant was recorded by Gopal Prasad (PW 10), who at that time was posted as Officer-in-charge of Madhaura Police Station and had reached the house of informant at 6 A.M. on 24-9-87 while on patrolling duty. He prepared inquest report (Ext. 6) of the dead body of the deceased, seized blood stained earth from the place of occurrence and prepared seizure list (Ext.5), sent the dead body of the deceased for post mortem examination and recorded the statements of witnesses and after completing the investigation submitted the chargehseet under Section 302 IPC against the appellant. After cognizance the case was committed to the Court of Sessions where charge under Section 302 IPC was framed against the appellant. The appellant denied the charge.

(3.) The case of the appellant as it appears from the trend of cross-examination of prosecution witnesses and from his examination under Section 313 of the Code of Criminal Procedure was that at the time of occurrence he was at Siwan and he has been falsely implicated in this case at the instance of informant because he had dispute with her and her husband. After trial the Court below found the appellant guilty under Section 302 IPC and accordingly convicted and sentenced him to undergo imprisonment for life.