FAKHRUDDIN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment of conviction and sentence passed by Shri R.R.Verma, Vth Additional Judicial Commissioner, Ranchi in S.T.No.35/90 by which the learned Additional Judicial Commissioner, convicted the appellant, Mahiruddin Ansari u/ss 307 & 302/34 IPC, Sahiruddin Ansari and Qayum Ansari u/s 302/34/109 IPC and the appellant, Fakruddin Ansari u/s 302 IPC and all of the appellants were sentenced to undergo R.I. for life and the appellant, Mahiruddin Ansari was further sentenced to undergo R.I. for 10 years u/s 307 IPC. However, the sentences were ordered to run concurrently.

(2.) THE short facts giving rise to this prosecution case as alleged that on 26.4.1989 at about 8 a.m. one Sheikh Hamid Khan was going to give &aposSiIot & Lodha&apos to his relative. When he reached near the informant Sheikh Nizam 'sBan, Sheikh Hamid Khan asked from Fakhruddin Ansari, Mahiruddin Ansari, Saharuddin Ansari and Qayum Ansari as to why they had tied his bullock day before yesterday when there was no crop or vegitable in the bari, due to which there was an altercation and thereafter the appellant, Saharuddin Ansari ordered to catch Sheikh Hamid and to kill him but Hamid Khan threw Silot & Lodha and started fleeing away crying &aposJAAN BACHAO - JAAN BACHAO&apos. The informant was present near his Bari and his father Sheikh Azam Ali was going to take meal after plucking vegitables. The Informant, Sheikh Nizam reached near Datma Mosque and saw Fakhruddin Ansari having one S.B.B.L. gun and Mahiruddin Ansari was holding licensed D.B.B.L gun of Sahiruddin Ansari whereas Sahiruddin Ansari and Qayum Ansari went towards the south from his house. But the father of Informant reached in front of them and Hamid also reached in front of those persons. Thereafter, Sahiruddin Ansari ordered Qayum Ansari to kill them by fire arms, on which Fakhruddin Ansari fired from his S.B.B.L. gun at the father of the informant causing injury on his chest, neck and face, as a result of which informant 's father fell down and died instantaneously. Mahiruddin Ansari, who was holding D.B.B.L. gun at the relevant time also fired at Hamid Khan causing grievous injury on his face and Hamid also fell down. On halla of the informant, Mustaque Khan, Guljar Khan and lslam Khan came there and thereafter again Mahiruddin Ansari fired from his D.B.B.L. gun on them causing injury. The villagers also reached to the spot on Haifa and saw the occurrence. Thereafter the accused persons fled away. Accordingly, F.I.R. was lodged against all the appellants for the offences u/ss 302, 307, 324/34 IPC and 27 Arms Act. The police investigated into the case and submitted chargesheet against all the appellants. After the committment, all the accused persons appeared before the Additional Judicial Commissioner, Ranchi and the charges for the offences u/ss 302/109, 302/34 and 307 IPC were framed, which was denied by the appellants.

(3.) THE prosecution as well as defence adduced evidences and after considering the evidences on record, the learned lower court convicted and sentenced the appellants under the offences as mentioned hereinabove.