SAFIQUE ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Rafique Ansari and Safique Ansari were put on trial on the charge under Sec. 323/34, 341/34 and 302/34 of the Indian Penal Code for committing murder of Makbool Mian, for wrongful confinement and causing hurt to Nizam Ansari, Aamina Bibi and Momin Ansari. They were held guilty in ST Case No. 80 of 2012 and accordingly convicted and sentenced to RI for life and a fine of Rs.5000.00 each with a default stipulation to undergo RI for further six months under sec. 302/34 of the Indian Penal Code; RI for six months and a fine of Rs.500.00 with a default stipulation to undergo RI for 15 days each under sec. 323/34 of the Indian Penal Code, and; RI for one month and a fine of Rs.500.00 with a default stipulation to undergo RI for 7 days each under sec. 341/34 of the Indian Penal Code.

(2.) Nawadih PS Case No. 89 of 2011 was lodged on 28/10/2011 against Safique Ansari, Rafique Ansari and their father Sakul Mian. In his fardbeyan which was recorded by Subodh Ekka, SI of Nawadih police station on 28/10/2011 at 08:15 AM at Primary Health Centre, Nawadih, Nizam Ansari stated that in the morning at about 07:00 AM Safique Ansari and Rafique Ansari objected to dumping soil in the passage near his house and started abusing him. When he objected the accused became agitated and warned him not to dump soil inside his boundary and went home. But soon thereafter Safique Ansari and Rafique Ansari came back armed with iron rod and lathi and started marpit. On raising hulla, his father Makbool Mian and brother Momin Ansari rushed there and when they tried to intervene Safique Ansari assaulted his father on his head with iron rod and Rafique Ansari hit his brother Momin Ansari with iron rod. His father suffered head fracture and blood started oozing from his injury - Momin Ansari was also bleeding. In the meantime, his wife and other family members also arrived there and intervened where after the accused went back home. The informant has further stated that his father became unconscious and he was brought on a tempo at Primary Health Centre, Nawadih. The doctor advised to take him to another hospital for better treatment but on the way to Bokaro, near Nawadih market, his father succumbed to the injuries. After the investigation a charge sheet was laid against Rafique Ansari and Safique Ansari while investigation in respect of Sakul Mian was kept pending.

(3.) The accused faced the trial on the charge under Sec. 302/34, 323/34 and 341/34 of the Indian Penal Code and, as noticed above, convicted and sentenced for committing the aforesaid offences.