SARFARAZ AND ORS. Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) ALL this appeals were heard together and are being disposed of by the common judgment as they arise out of the judgment of conviction and order of sentence passed on 25/05/2004 and 27/05/2004 respectively in Sessions Trial No. 34 of 2002, by the Additional Judicial Commissioner, F.T.C. -VII, Ranchi, whereby and whereunder the Court having found all the appellants guilty for committing murder of Aftab Kuraishi and Anwar Kuraishi in furtherance of their common object, convicted them for the offence punishable under Sections 302/149 and 148 of the Indian Penal Code and thereby, they were sentenced to undergo R.I. for life and to pay fine of Rs. 5,000/ - for the offence under Section 302 read with Section 149 of the Indian Penal Code and in default of payment of fine to undergo R.I. for one year. Further they were sentenced to undergo R.I. for three years for the offence punishable under Section 148 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) THE case of the prosecution, as has been made out in the F.I.R., is that on 18/06/2000, these three appellants namely, Md. Sarfaraz @ Bhola @ Bholu, Kamal Ansari S/o. Md. Saukat and Md. Nausad S/o. Md. Israil as well as Manjoor, Mansoor an Mahbood, since all three absconded, alongwith 2 -3 unknown persons came to the house of the informant Ahmad Kuraishi (PW -9) at Kanta Toli and asked about the whereabouts of his son Anwar. At about 07.00 'O' Clock in the evening they again came in search of his son Anwar (deceased). When they did not find him there, they went away. The informant suspecting some foul -play at their hands, sent his sons Aftab Kuraishi (deceased) and Ashik Kuraishi (PW -10) to the house of Anwar at Garha Toli for taking care of him. At about 08.00 'O' Clock in the evening his son Ashik Kuraishi (PW -10) came running to the house of informant at Kanta Toli and told to the informant that the accused persons -appellants and also the other accused persons had killed Anwar and Aftab. On hearing this, he came to the house of Anwar and found both Anwar and Aftab injured. Aftab had been inflicted with one injury below the abdomen, whereas Anwar had injury over his head. The informant with the help of the persons residing in the neighbourhood brought them to the RMCH for treatment, but as soon as they reached over there Aftab died. However, Anwar was admitted for treatment but his condition was quite precarious. It is also the case that the injured Anwar told to the informant that it were the appellants and other accused who had assaulted him and had also inflicted 'Chhura' injury to Aftab.

(3.) WHEN they had been taken to the hospital, Sushil Pathak, the then Officer -in -charge of Sadar Police Station, received an information telephonically that some unknown persons with a view to kill Anwar and Aftab have assaulted them and have been removed to hospital in injured condition, he reached there and found the dead body of Aftab Kuraishi lying over there. He recorded the fardbeyan (Ext. -3) of the informant PW -9 on 19/06/2000 at 08.30 A.M. at the hospital. Upon which, a first information report had been drawn. The Investigating Officer took up the matter for investigation, during which course, he held inquest on the dead body of Aftab Kuraishi and prepared inquest report (Ext. -4). Thereafter, when he came to know that Anwar has also succumbed to his injuries, he held inquest on the dead body of Anwar Kuraishi and prepared inquest report (Ext. -5). The I.O. when came to the place of occurrence, he found two daggers, which were seized alongwith earth smeared with blood and prepared seizure list (Ext. -6). The weapons were sent before the Forensic Science Laboratory. On being examined, FSL report (Ext. -7) was submitted giving opinion that no blood was found over it. At the same time, the dead bodies were sent for Post Mortem examination, which was conducted by Dr. Ram Sewak Sahu (PW -11), who, upon holding autopsy of the dead body of Anwar, found the following injuries on his person: -