SABUR MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal appeal is directed against the judgment of conviction dated 11-12-2002 and order of sentence dated 12-12-2002 passed by Sri. Udai Narayan Mishra, 4th Additional Sessions Judge, Jamtara in S.C. Case No. 232 of 2001/77 of 2002 arising out of Jamtara P.S. Case No. 144 of 1997.

(2.) BY the aforesaid judgment and order both the appellants were held guilty for the charge under Section 304, Part-II of the Indian Penal Code. The appellant Sabur Mian was sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 3000/- considering his old age with default stipulation whereas the appellant Ibrahim Mian was sentenced to undergo rigorous imprisonment for nine years and fine of Rs. 5,000/- with default stipulation.

(3.) ALTOGETHER six witnesses were produced and examined on behalf of the prosecution. Amongst them P.W.2 Ilias Mian was unfavourable to the prosecution as such he was declared hostile. P.W.5 Sirajuddin Mian also did not support the prosecution case. The Investigating Officer could not be examined during trial. P.W.6 Dr. Sri. Nath Mishra had held post mortem examination on the body of the deceased who deposed and proved the post mortem report. P.W.3 Enamul Ansari happened to be the son of the deceased, was admittedly not the eye- witness of the occurrence but testified by giving an account of the circumstances leading to death of his father though based upon the information derived from the informant P.W.1.