RAJAMUDDIN MIAN Vs. STATE OF BIHAR NOW JHARKHAND

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.) IN course of investigation the Investigating Officer Ram Sharan Yadav (P.W.8) also collected blood stain earth from the place of occurrence and seized it under Ext.2. After completion of investigation, police submitted charge sheet, upon which cognizance of the offences was taken and in due course when the case was committed to the court of sessions, charges were framed to which the Appellant pleaded not guilty and claimed to be tried.