SAFIQUE KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A First Information Report was lodged against unknown. In his fardbeyan which was recorded on 30.09.1979, the informant has stated that in the intervening night of 29/30.09.1979 he was sleeping in the house of August Pandey. After the midnight he asked him to release the buffalos, however, he said that it was still dark and he would set the buffalos for field after sometime. In the meantime 2-3 persons came there and threatening him asked to sit there. August Pandey who by that time got up was assaulted by lathi by the accused persons due to which he had died. The informant ran to his house and told his brother that August Pandey has been killed by 2-3 persons whereupon his brother Jagdish Ram informed the villagers. He has claimed that August Pandey has no enmity with any villager however he has expressed an apprehension that the villagers of Basaha were on inimical terms with August Pandey. Along with the chowkidar Laxman Manjhi, he has gone to the police station and lodged the information.

(2.) After the investigation a charge-sheet was submitted against Hussain Mian @ Hussain Sk. and Mahamadin Mian @ Mohamidin Ansari under section 302 of the Indian Penal Code. A Protest Petition was filed by son of the deceased Murari Pandey. After hearing the Protest Petition along with Final Form, charge under section 396 of the Indian Penal Code was framed against Hussain Mian, Ali Kasim @ Telha, Somaru Sheikh, Rasul Mian, Mohammadin Mian, Safique Kha and Keshwar Mahto.

(3.) Keshwar Mahto has preferred Criminal Appeal (DB) No. 95 of 2002 which on his death during pendency of the criminal appeal has been dismissed as abated vide order dated 09.07.2019.