MD.EKHLAK Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) The appellants in these two Criminal Appeals were sent up for trial before the learned 5th Additional Judicial Commissioner, Ranchi for an offence punishable under Section 302/34 of the Indian Penal Code for having committed murder of Nashim Akhtar @ Munna on 2.4.1993 near the lane leading from Mission Chowk to Karbala Chowk and in the gali of Advocate Sultan within Lower Bazar PS in the town of Ranchi.

(2.) IT is a peculiar case in which fardbeyan of Md. Ekhlak (informant -appellant) was recorded by D. Singh, S.I. of Lower Bazar PS on 3.4.1993 at 1.30 hour at Mission Ground Road mentioning therein that on 2.4.1993 he along with his friend Nashim Akhtar (deceased) had gone to Sandhya Cinema hall at about 9.00 p.m. After interval, Nashim Akhtar felt uneasy, hence they came out from Sandhya Cinema Hall just after 20 -25 minutes and proceeded towards their homes. They reached near Mission Hostel gate which runs from North to South i.e. from Mission Chowk to Karbala Chowk, they found three unknown person standing near the Bamboo shrubs of Mission Hostel Gate. One person, who had Chhura, ordered to assault. His other two associates, who were of short stature and black complexion, caught hold of the informant -appellant and his fried Nashim Akhtar (deceased). Both of them managed to escape and fled away towards Karbala Chowk. They were chased by the three miscreants. Nashim Akhtar @ Munna fell down. Then one miscreant caught hold of him. They tried to escape, but the criminals caught him and the another stabbed Nashim Akhtar @ Munna with knife. Informant -appellant anyhow managed to escape and fled away towards Karbala Chowk raising alarms to save Munna who was being assaulted. As it was night, hence no one came out to his rescue. He fled away and went to his home and informed his brothers -Ajij and Baddullah that Munna was being assaulted. Thereafter, he along with his brothers and neighbours went to the P/O and found Munna fallen down having pool of blood on his body. Munna was taken to Anjuman Hospital and R.M.C.H., where doctor declared him dead. The wrist -watch of Munna was also taken away by the assailants. He claimed to identify all the three assailants. On the basis of the fardbeyan (Ext.8), formal FIR (Ext.9) was drawn against unknown and investigation was taken up by PW. 11 Satyadeo Singh.He inspected the P/O which is the road leading from Mission Chowk to Karbala Chowk in the East. There is press and Saint Albert College. In the Southern corner there is garden. Thereafter, there is Church compound. At a distance of 15 yards South, there is a road leading towards West where assailants gave knife blows to Nashim Akhtar @ Munna. He found bloodstains there. He went to R.M.C.H. at 2.30 a.m. night where inquest report (Ext.6/1) was prepared in the pen and signature of C.D.Ram, A.S.I. The dead boy was sent for post mortem examination. He was transferred from Lower Bazar PS. Hence, he handed over charge of investigation on 18.4.1993 to the O/C, Lower Bazar PS. At the time of recording fardbeyan at the P/O, Md. Israil and Islam were also present who signed on the Fardbeyan as Exts. 8/1 and 8/2 respectively. However, he did not seize the bloodstained soil found at the P/O. In course of his investigation, no one had deposed against the informant -appellant Md. Ekhlak. PW. 12 Syed Md. Jahangir took the charge of investigation on 22.5.1993. He recorded the statement of Salauddin (Pw.6) Arshad, Md. Khalid and others and received post mortem report and arrested informant Ekhlak. Thereafter he handed over charge of investigation on 27.8.1993 to the O/C on the order of City S.P. Alok Raj. He investigated only in between 22.5.1993 to 27.8.1993. Appellant Md. Zahid @ Raju was produced before the Magistrate for recording his statement under Section 164 Cr. PC where he stated his ignorance about the alleged occurrence. Thus, after arrest of the informant Md. Ekhlak by PW.12 Syed Md. Jahangir, he was made accused and rest part of the case was investigated by PW.13 Suraj Bali Rai, who after completion of investigation, submitted charge sheet against informant -appellant Md. Ekhlak and Md. Zahid @ Raju under Section 302/394 IPC. The learned 5th Additional Judicial Commissioner, Ranchi framed charge under Section 302/34 IPC against both the appellants.

(3.) THE learned 5th Additional Judicial Commissioner, Ranchi relied upon the extra judicial confession of appellant Md. Zahid @ Raju who had confessed his guilt that he along with Md. Ekhlak stabbed Nashim Akhtar @ Munna causing his death. He had made extra judicial confession before PW. 3 Md. Nayeem, PW. 4 Md. Neyaz, PW. 5 Matiur Rehman and PW.10 Md. Iqbal and also relied upon the evidence of PW.1 Md. Sajid Hussain and PW. 2 Nihat Sahib that Md. Ekhlak took Nashim Akhtar @ Munna from their house at about 7.30 P.M. and since thereafter, Nashim Akhtar @ Munna was found murdered. Appellant Md. Ekhlak was along with Nashim Akhtar @ Munna, but after the alleged occurrence, he did not inform PW.6 Salauddin Ahmed, brother of the deceased, or anyone else. Even he did not inform the mohall a people close to the P/O, nor he informed Lower Bazar police station. Considering these eivdences, he found both the appellants guilty and convicted them under Sections 302/34 IPC and sentenced to undergo R.I. for life.