AZIMULLAH ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court. Both these appeals are directed against the judgment of conviction and sentence dated 21/09/2004 and 22/09/2004 respectively, passed by the learned Additional Judicial Commissioner (F.T.), Ranchi in Sessions Trial No. 232 of 1998, convicting the appellants for the offences under Section 302/149 of the Indian Penal Code and sentencing them to undergo R.I. for life for the offences under Section 302 IPC and R.I. for 3 years for the offences under Section 148 IPC and to pay a fine of Rs. 20,000/ payable to the widow of the deceased and in default thereof, to undergo R.I. for six months . However, both the sentences were directed to run concurrently.

(2.) THE prosecution case, in short, is that PW 7 Saimum Khatoon lodged a fardbeyan on 28/11/1996 at R.M.C.H. Hospital at about 14.30 hours alongwith PW 6 to the effect that at about 10 A.M., when she was sitting in her Angan and her husband Jamrudding Ansari (deceased) was going to court with a bag, the accused persons alongwith several other persons armed with Lathi, Dagger, Nepla, Bhala and Bomb proceeded towards the disputed land for harvesting. THE accused persons asked the deceased to come alongwith hem for harvesting and then Naimuddin Ansari (died during trial) chased Jamruddin and threw him on the ground and then assaulted him by Nepla and accused Allauddin Ansari (died during pendency of the appeal) assaulted by Dagger. THE other accused persons, who were also going for harvesting, surrounded Jamruddin and started assaulting him. On hulla, Khatibul Ansari (PW 3) Sadik Ansari and others came there and saved her husband. Due to injuries, the intestine of Jamruddin came out, which was tied with a towel and he was taken for treatment in a Tempo to RMCH during which he died.

(3.) 17 persons were put on trial, 8 persons were convicted, 7 are appellants in these two appeals. One Allaudding Ansari filed separate appeal, which was not pressed on the ground that he died. It was pointed out that the appellant Mubarak Ansari in Cr. Appl No. 1648/2004, has also died during pendency of the appeal and, therefore, the appeal on his behalf is not being pressed.