AFJAL HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) As both the Criminal Appeals arise out of a single judgment, passed by Smt. Vidyut Prabha Singh, learned 2nd Additional Sessions Judge, Hazaribagh, in Sessions Trial No. 142 of 1995, arising out Katkamsandi (Pelawal) P. S. Case No. 12 of 1995, corresponding to G. R. Case No. 235 of 1995, they have been heard together and the single order of this Court will govern the result in both the Criminal Appeals. Both the appellants have challenged their judgment and order of conviction dated 11th February, 2000 under Section 302/34 of the Indian Penal Code and sentence dated 14th February, 2000 to undergo rigorous imprisonment for life and also to pay a fine of Rs.5000/- each and in default to undergo rigorous imprisonment for three months.

(2.) The informant Anil Kumar Mishra (PW 6) on 10-2-1995 along with his friend Ajay Kumar Gupta (since murdered) had gone to his village Srisi from Kumhar Toli, Hazaribagh which is his ancestral house. The informant and his father have shifted to Hazaribagh after constructing a house at Jaiprakash Marg, Kumhar Toli, Hazaribagh. At village-Srisi widow aunt of the informant resides. On that day he along with his friends left Hazaribagh at 5.00 p.m. for Sirsi. After putting household articles at Sirsi home, he went to meet his friend Sanjay Rana (PW1) and Vijay Verma (PW2) and thereafter, he was returning home at Village-Srisi along with deceased Ajay Kumar Gupta. On their way Sanjay and vijay also saw them and they followed them. At about 6.15 p.m. when the informant was likely to reach his home at Village Sirsi, two persons on a scooter came in front of him from the western side and stopped the scooter. The scooter was being driven by Afzal Hussain (appellant in Cr. Appeal No. 72 of 2000) and Arbind Kumar Mishra (appellant in Cr. Appeal No. 90 of 2000) was the pillion rider. As soon as the scooter stopped, Arbind Kumar Mishra (appellant in Cr. Appeal No. 90 of 2000) pointed pistal towards the informant and opened fire. The bullet did not hit the informant rather it hit his standing friend Ajay Kumar Gupta on his head. Ajay Kumar Gupta fell down. Afzal and Arbind Kumar Mishra, both appellants, fled away on the scooter towards west. Hearing the sound of firing, the nearby persons chased the scooter. The other villagers took the injured Ajay Kumar Gupta to Sadar Hospital, Hazaribagh, where the doctor declared him dead. The alleged occurrence took place only due to the quarrel in between the informant and Arbind Kumar Mishra during the preceding Chhath festival and since thereafter, they were not meeting each other. Due to that incident, appellant Arbind Kumar Mishra fired at the informant Anil Kumar Mishra to cause his murder but it missed and injured Ajay Kumar Gupta on his head, who succumbed to the injuries.

(3.) In course of trial the prosecution produced altogether nine witnesses in order to substantiate the charges, framed against them. PW 1 Sanjay Kumar Rana, PW 2 Vijay Kumar Verma, PW3 Mukul Kumar and PW 6 Anil Kumar Mishra are the eye witnesses who were present at the place of occurrence when the alleged occurrence took place. PW 4 Sunil Kumar Mishra, PW 8 Sunil Kumar Gupta and PW 9 Sanjay Kumar Gupta are the hearsay witnesses and are the witnesses on inquest report. PW 5 Dr. Ravindra Nath Sahay has conducted the autopsy on the dead body of the deceased and Ext. 3 is the Post Mortem Report. PW 7 Arun Kumar Singh is the Officer-in-charge and Investigating Officer of this case.