MD HAMID ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL these six appellants along with Kutlal Mian (who died during trial) and Rashid Mian @ Tibhu Mian (died during pendency of this appeal) were put on trial to face charges under Sections 302, 307, 325, 323/34 of the Indian Penal Code for committing murder of one Latif Mian and also for making an attempt on the life of the informant Shamsuddin Mian (P.W.8). The appellant Md. Hamid Ansari was also put to charge under Section 27 of the Arms Act. The trial court, vide its judgment of conviction dated 27.2.2004 while acquitting the appellants under Sections 307 and 325 of the Indian Penal Code found them guilty for the said offences and convicted all of them for the offence punishable under Sections 302/34 and 323/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for six months for the offence under section 323/34 of the Indian Penal Code and further appellant no.1 Md. Hamid Mian on being convicted was also sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution as it appears from the first information report is that on 25.1.1995 at about 6.45 a.m. Latif Mian, brother of the informant Shamsuddin Mian (P.W.8) left home for coming to Karmatar Railway Station for taking a train. After a while, he raised distress alarm. On hearing this, the informant Shamsuddin Mian (P.W.8) rushed to that place followed by his sister Marjun Bibi (P.W.7). When they reached over there, they found the appellants surrounding and assaulting Latif Mian. When the informant tried to rescue his brother Latif Mian, the appellant Kamruddin @ Kolha Mian, Azim Mian and Bhutaka Mian made indiscriminate firing from their pistols but it did not hit anybody. Meanwhile, the appellant Md. Hamid Mian fired shot upon Latif Mian, who on receiving gun shot injury fell on the ground and then, the appellants, Rashid Mian @ Tibu Mian (who died during trial), Kutal Mian (who died during trial), Punu Mian and Saffara Mian started assaulting Latif Mian by lathi and iron rod. Seeing all this, Marjun Bibi (P.W.7) laid herself over the body of Latif Mian to save him from being assaulted further but she was pulled off from the body of Latif Mian. Thereupon when Tibu Mian assaulted her with iron rod she fled from there. Meanwhile, when the informant Shamsuddin Mian (P.W.8) tried to save his brother, the accused Kutal Mian, Punu Mian and Saffara Mian assaulted him with lathi and iron rod. Seeing all these things, when Kutlal Mian (P.W.1) tried to intervene in the matter, he was also assaulted by Tibu Mian with iron rod. Meanwhile, Latif Mian died and then accused persons went away from there.

(3.) AFTER the occurrence Sub -Inspector of Police Sukeshwar Sharma (P.W.11) of Jamtara Police Station came to the village and recorded the Fardbeyan (Ext.5) on the same day at about 8.30 a.m. wherein the informant Shamsuddin Mian (P.W.8) stated that the accused persons did commit offence as stated above a day before he had caught a cow belonging to Punu Mian which it was grazing crop and brought it to his house but Punu Mian and other accused persons came and took away the cattle forcibly, for which there was a verbal altercation. On the basis of said Fardbeyan (Ext.5), a formal F.I.R (Ext.6) was drawn against all the appellants.