HAKIM KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants named above against the judgment dated 17.5.1989 passed in S.T.No. 88/85 by Sri S. N. Gupta, 1st Addl. Judicial Commissioner, Ranchi hereby and whereunder all the appellants were found guilty for the offence punishable under section 302/149 I.P.C. and they ere each convicted and sentenced to undergo R.I. for life.

(2.) THE alleged occurrence of this case said to have taken place on 28.1.1978 at 15.00 hours in Village Lawagain, P.S. Kuru, District Ranchi (now Lohardagga) in which Nazma Khatoon, aged about 12 year, is said to have died of poison and U.D.Case o. 1/78 was registered in Kuru P.S. on 28.1.1978 at 22.00 hours on the basis of the statement of P.W.4, Nazibullah Khan said to be the own uncle of the said deceased girl. Kuru police came to the place occurrence and started making investigation and the dead body of the deceased was sent for post mortem examination to Lohardagga Sub -divisional Hospital on 1.1.1978. P.W.1. Azimullah Khan, a teacher, profession, then posted in the basic school, Nischintpur, P.S.Chakradharpur, Distt. Singhbhurn, who is the father of the deceased of this case, was informed about the occurrence by PW 3, Md. Sajibullah Khan, his full brother and he came to his home in village Lawagain on 29.1.1978 at 5.00 PM. and he learnt about the details of the occurrence from his wife, PW2, Maika Bibi and he lodged a written report dated 30.1.1978 regarding the occurrence before O/C Kuru P.S. which was registered as Kuru P.S. Case NO.1 dated 2.2.1978 (G.R.Case No. 24/78) under sections 302/ 328/341/448/323 I.RC. against the appellants. Final report mistake of fact was submitted on 6.1.1979 in this case as per investigation by Kuru RS. A protest petition was filed in this case by PW1, the informant on 17.7.1979. It is relevant to mention here that a complaint petition was also filed by PW1, Azimullah Khan before the court of S.D.J.M., Lohardagga on 14.3.1978 much prior to the filing of the protest petition which gave rise to complaint case no. 11/78. It appears vide order dated 11.3.1980 passed in G.R.Case No. 24/78 arising on the basis of the written report of the informant that the said G.R.Case was ordered to be amalgamated with complaint case no. 11/78 but the order sheet of the said G.R.Case does not show regarding any order passed therein regarding the final form mistake of fact submitted by the I.O. in that case. However, the complainant, Azimullah Khan was examined on SA on 14.3.1978 when the complaint petition was filed and after receipt of the report from the I.O., the case was enquired into under section 202 Cr.PC. and finding a prima facie case having been made out for proceeding further in the matter for issuance of summons, cognizance in this case was taken and thereafter the case was committed to the court of Sessions for the trial of the accused appellants.

(3.) THE appellants have pleaded not guilty to the charge levelled against them and claimed themselves to be innocent and to have committed no offence and that they have been falsely implicated in this case due to enmity which is existing and alive between the parties. Further case of the appellants is that Nazma Khatoon was a girl of easy virtues and she had committed suicide by taking poison and on the statement of PW -4, Nazibullah Khan, a U.D. case was registered regarding the incident and in spite of written report and the F.I.R, the Kuru Police on investigation found the prosecution case false and has submitted final form mistake of facts in this case.