ABUL MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these three appeals have arisen out of common judgment and sentence dated 18.07.2001 passed in Sessions Case No. 190 of 1994 and Sessions Case No.15 of 1998 by the learned Sessions Judge, Dumka convicting the appellants under Section 396 I.P.C. and sentencing appellant Abul Mian and Badruddin Mian to undergo rigorous imprisonment for life and appellant Moti Mian to undergo rigorous imprisonment for ten years.

(2.) All the three appeals were heard together. Both the aforesaid Sessions Trials were amalgamated. Altogether 13 witnesses were examined in Sessions Trial No. 190 of 1994 and altogether 8 witnesses were examined in Sessions Trial No. 15 of 1998. Out of all the examined witnesses some witnesses were common.

(3.) The prosecution case, in short, is that in the night of 21/22.06.1993 the informant Hatim Ansari (deceased) was sleeping in his house along with his wife. He woke up by the sound of jumping of somebody in his house by scaling boundary wall. The person who trespassed opened the door from inside. The appellants and other entered into the house and demanded keys of the box. Abul Mian enquired regarding father of the informant. When the keys were not handed over, a bomb was thrown on informant by appellant Abul Mian which hit him on the right side of stomach above waist resulting in injuries. Thereafter due to fear he asked his wife to hand over the keys. The accused persons went inside the house and ransacked it. They assaulted by lathi and were asking about old money and ornaments. After half an hour all the dacoits moved away blasting bombs. Appellant Abul Mian threatened him of dire consequences if he disclosed their names to anyone. The informant died during treatment after 7 days of the incident. In the F.I.R. the details of ornaments and cash said to have been looted is mentioned. It is lastly said that there was enmity between the informant and appellant Abul Mian for land due to which the said dacoity was arranged.