SULTAN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal arises out of judgment of conviction and order of sentence both dtd. 25/11/1995, passed by the learned Additional Judicial Commissioner, Lohardaga in Sessions Trial No. 63 of 1992 | 27 of 1992 convicting the appellants under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life.

(3.) The prosecution case, as per the fardbeyan dtd. 5/7/1991 of the informant Kesho Devi (PW-1), is that she is widow and she is residing with her brother Ram Lagan Singh (PW-3). On 5/7/1991, her nephew Biran Singh was in Ahra Don along with Birju Sao(PW-5), who was working in the field and Biran Singh was sitting there and the informant was grazing her buffalo there at about 25 yards north. At about 4:00 p.m. accused Mustaque Ansari, Sultan Ansari and Jabbar Ansari came there from north side along with three unknown persons and accused persons indicated towards Biran Singh and went ahead to north side. The three unknown persons caught hold of Biran Singh and fired upon him and fled away. The informant raised halla and went near Biran Singh and found him dead having bleeding injury near right temple. The informant further stated that on halla her brother Ram Lagan Singh and Kula Singh and others came there and they saw all the six accused persons fleeing away from the place of occurrence. The informant has alleged that the motive behind the occurrence is that in the last Bhado, the daughter of Jabbar Ansari was killed for which deceased Biran Singh was sent to jail and about four months back Biran Singh was released on bail and due to the above reason, the accused persons have killed Biran Singh.