RAFIQUE ANSARI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal arises Jut of the conviction and sentence passed by Sri Shree Prakash Rai, Vth Addl. judicial Commissioner, Ranchi, in S.T. No. 463 of 1993, whereby the learned Addl. Judicial Commissioner, Ranchi, convicted the appellant for an offence under section 302 of the Indian Penal Code and sentenced him to undergo R.I. for life.

(2.) THE prosecution case, in short, as per the Fi.R. (Ext. 4) is that on 13.12.1991 at about 8 A.M., the niece of the informant Saheda Khatoon and his wife Jubeda Khatoon had gone to Darshila hills, where there were 12 Mahua trees, to pick up some fire wood then Sadique Ansari, Rafique Ansari and Ajij Ansari started abusing them then they came back and informed the informant. On receiving this information the informant and his cousin brother. Jamir Ansari, at about 10 A.M. went to that field and told Sadique Ansari, Rafique Ansari and Ajij Ansari that why they abused wife and niece of the informant. They also told that they had cut down the four Mahua trees which were in their possession. On this Rafique Ansari took a bag which was kept there and from which he took life bomb and threw two bombs on Jamiruddin Ansari. Jamruddin Ansari fell down and died. Thereafter, Rafique Ansari in order to assault the informant threw a bomb on him which hit Ajij Ansari and Ajij Ansari also fell down there and died and some bomb splinters hit the back of the informant. Sadique Ansari also hurled a bomb on him but he somehow escaped. On hearing the sound of explosion of bomb and on the hulla of the informant Ahmad Ansari (P.W.5), Hamid Ansari (not examined) and some people from neighbour came there. Then the accused Sadique Ansari and Rafique Ansari fled away. Thereafter, the female inmates of the house of the informant came there and dragged the deceased Jamruddin Ansari for some distance, but as they could not drag him too long, so they kept him at that place then the informant came alongwith Chaukidar (not examined) to the police station. The claim of the informant was that the accused persons in furtherance of their common intention had tried to cause the death of the informant by hurling bomb on him and thus injured him. The cause of occurrence is that there are 12 Mahua trees at the village Darsilla on the hills and these are on the Gairmazarua land and the informant for the last many years is in possession of those Mahua trees and also using the Mahua trees and their products, but the accused persons had cut down four Mahua trees out of them and were gathering those four trees on the alleged date of occurrence to their residents. This F.I.R. was recorded on 13.12.1991 at 2.30. PM. The distance of the police station from the village of occurrence is only 12 km.

(3.) THE defence version of the accused -appellant, as appearing from the trend of the cross -examination, is that actually on the alleged date of occurrence it was the informant parties who had forcibly tried to take possession of those trees and they had assaulted Ajij Ansari by Barchha etc. causing his death. The further defence of the appellant is that he is innocent person.