IDUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal challenges the judgment and order dated 17.07.2002 passed by the Xth Additional Sessions Judge, Dhanbad in S.T. Case No. 172/2000 by which the Appellant has been convicted Under Section 302/34 I.P.C. and sentenced to life imprisonment without the mandatory fine. According to the case of the prosecution the Appellant is the main assailant in an incident which took place at 7:30 p.m. on 01.05.1999.

(2.) The F.I.R /Fardbeyan (Exhibit-2) was lodged at 9:15 p.m. on 01.05.1999 by Afzal, P.W.-2 who is the younger brother of the deceased Izharool @ Fantush. According to the FIR, on 01.05.1999 the deceased left the house in the morning and did not return for his meals, therefore the informant went in search. At Pandarpala the informant claims to have met (i) Md. Sahazad (P.W.-9, who turned hostile in the trial), (ii) Md. Zahid (P.W.-4, who also turned hostile at the trial) and (iii) Guddu (who was not produced as a witness in the trial). These people allegedly told the informant that they had seen the deceased at Rahamatganj. Thereupon the informant along with these three persons went to Rahamatganj searching for his brother. As soon as they reached the ground near the clinic of one Dr. Salauddin at about 7:30 p.m. they saw that co-accused Rinku and co-accused Istyaque caught hold of the deceased and the present Appellant took out a Bhojali (a sharp edged weapon) and stabbed the victim in the chest. The victim fell down and then the Appellant repeatedly stabbed the victim with the same weapon. The accused chased the informant and his companions also. By the alarm being raised, people of the locality came to the spot whereupon the accused fled away. None of the people of the locality have been produced in the evidence. According to the informant the deceased told the informant and his companions referred above, that the three accused had taken revenge. The victim died before he could reach a hospital.

(3.) Thus, there are four eye witnesses of which only three have been produced, two of whom have turned hostile at the trial. Therefore, only the informant Afzal, P.W.-2 is left as an eye witness.