MANZAR HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 29.07.2002 and order of sentence dated 03.08.2002 recorded by Shri Akhileshwar Jha, Additional Sessions Judge, F.T.C.-II, Jamshedpur in Sessions Trial No. 300 of 2000 by which the sole appellant was held guilty under Section 25(1-B) of the Anns Act and was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/- with default stipulation to undergo simple imprisonment for a period of 3 months.

(2.) The prosecution story in short was that the informant P.W. 15 Rahul Sawa delivered his Fard Bayan on 09.02.2000 at Jubilee park, Jamshedpur stating that his father Hari Prasad Sawa (since deceased) had proceeded with his Maruti Steam Car at about 6 a.m. to Jubilee park for a walk as usual in the morning. The informant after some time received telephone call that some unknown person had committed murder of his father by firing shot. He immediately went to Jubilee park upon such information and found his father lying in the pool of blood, which was coming out from the injuries inflicted in his head and that the police had already arrived there. Disclosing the genesis, the informant stated that his father Hari Prasad Sawa was the Director in the 'Akash Builders', Golmuri and the other accused persons Krishna Bihari Sinha, Rakesh Sinha, Amresh Sinha were also the Directors in the said firm. Some differences had developed amongst the Directors for the last 3 months to which series of cases were instituted against each other including against his father and maternal uncle Pradeep Churiwala in which they had obtained bail. A Title Suit No. 102 of 2009 was also filed by his father-deceased before the Court of Sub-Judge and in that suit his father had obtained temporary injunction. A separate G.R. No. 2901 of 1999 (Criminal case) was instituted by Rakesh Sinha against his father and in that case also his lather and maternal uncle had obtained bail. The informant in the same sequence farther alleged that the accused persons had terrorized the employees of 'Akash Builders' and had also terrorized his father (since deceased) in various ways. To be more specific the informant alleged that the accused persons had threatened his father at Beldih Club asking to keep himself away from the dispute, failing to which he would be eliminated. For such chain of events the informant had reason to believe that the accused Krishna Bihari Sinha, Rakesh Sinha, Amresh Sinha in prosecution of criminal conspiracy had given effect to the alleged occurrence by committing murder of his father.

(3.) Learned Counsel Mr. Zaid Ahmad submitted that on the basis of statement of the informant P.W. 15, the F.I.R. was instituted against only three accused persons, namely Krishna Bihari Sinha, Rakesh Sinha & Amresh Sinha. However, Investigating Officer after investigation submitted charge-sheet under Sections 302/34 of the Indian Penal Code against Manjar Hussain (Appellant), Liyakat Ali and Javed Akhtar and against the remaining accused Krishna Bihari Sinha, Rakesh Sinha, Amresh Sinha & Pradeep Churiwala materials could be collected for the alleged offence under Sections 302/120B of the Indian Penal Code. In the same charge-sheet it was stated that there were materials against the appellant herein Manjar Hussain for the offence under Section 27 of the Arms Act. Accordingly, the charges were framed against the appellant Manjar Hussain and two other Liyakat Ali and Javed Akhtar under Sections 302/34 of the Indian Penal Code and separate charge under Sections 302/120B of the Indian Penal Code was framed against the other 4 accused Krishna Bihari Sinha, Rakesh Sinha, Amresh Sinha & Pradeep Churiwala. Further, exclusive charge under Section 27 of the Arms Act was framed against the appellant Manjar Hussain. In course of trial, as many as 21 witnesses were produced and examined on behalf of the prosecution and after a detailed judgment all the accused were acquitted except the appellant Manjar Hussain, who was held guilty for the offence under Section 25(1-B) of the Arms Act and was sentenced to undergo rigorous imprisonment for three years and fine of Rs. 1,000/- with default stipulation, however, acquitted from the charge under Section 302/34 of the Indian Penal Code.