RAJAMUDDIN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant Rajamuddin Mian was put on trial to face charges under Sections 302 and 452 of the Indian Penal Code and also under Section 27 of the Arms Act on the allegation that on the night of occurrence he along with other accused entered into the house of the informant and committed murder of his father, Karim Mian. The trial court having found the Appellant guilty under Sections 302 and 452 of the Indian Penal Code and also under Section 27 of the Arms Act convicted him. Consequently the Appellant was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for three years under Section 452 of the Indian Penal Code and also to undergo rigorous imprisonment for two years under Section 27 of the Arms Act.

(2.) The case of the prosecution is that 15 years ago the Appellant had married Zahiran Bibi, daughter of one Jageshwar Mian, who happened to be the full brother of the deceased Karim Mian. After the marriage, the Appellant started living in her in law's house and was running a grocery shop whereas his wife and children were living in the village of the Appellant. In course of time the Appellant Rajamuddin Mian developed illicit relation with one girl namely, Basiran Bibi, daughter of Bhotali Mian and when this matter came to the knowledge of the informant Sakur Mian and his father, they scolded the Appellant and also warned him not to keep Illicit relation with that girl. In spite of that, the Appellant went on having Illicit relation with that girl. Therefore, a meeting was convened and the Appellant was asked to severe off relation with the said girl, upon which the Appellant without expressing anything left the village. After some days he came to the village on 14.5.1.988 and stayed in the house of one Govind Singh where informant's father Karim Mian (deceased) and uncle Jageshwar Mian came and asked him to take decision as to whether he will maintain relation with Basiran Bibi and will marry her. Rajamuddin instead of giving reply started fleeing away but was caught hold of and men his hands and feet were tied down, upon which the Appellant starting weeping and then he was let off. On being let off while he was going, he extended threat to take revenge.

(3.) Further case of the prosecution is that in between the night of 15-16.5.1988 while the informant was sleeping in his house along with children, he heard some sound and hence, woke up and found someone trying to break open the door. Meanwhile his father Karim Mian came to the courtyard and when flashed torchlight towards the roof they found Rajamuddin Mian and five unknown parsons standing over there. The Appellant Rajamuddin Mian was also identified by other family members. All the miscreants came down to the courtyard and challenged Karim Mian by saying that he claims himself to be the most powerful man and then fired shot but it did not hit him. By this time the miscreants succeeded in breaking open the door and then entered into the house. The informant as well as other family members tried to go out of the house but some miscreants caught hold of his father Karim Mian near the door of the house and inflicted Tangi blow. Meanwhile the Appellant came there from inside the house and fired shot causing injury near the left waist as a result of which, his father fell down on the street and died. Thereafter the miscreants took away the household articles such as Cycle, Radio, Utensils, Cloths etc. Thereupon Sukur Mian gave his Fardbeyan at 9 A.M. on 16.5.1988 (Ext.1/2), Upon which a case was instituted which was taken up for investigation by the Investigating Officer Ram Sharan Yadav (P.W.8), who held inquest on the dead body and prepared an inquest report (Ext.3). Thereafter he sent the dead body for post mortem examination, which was conducted by Dr. N.K. Singh (not examined) and found the following injuries: