HASIMUDDIN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) At the outset it needs to refer herein that the co- accused/appellant namely Tajibul Ansari and Maijul Ansari had died during pendency of the instant criminal appeal, therefore vide order dtd. 19/2/2025 passed by this Court instant criminal appeal has been abated against the aforesaid accused/appellant. Prayer

(2.) The instant appeal is directed against the judgment of conviction dtd. 19/5/1998 and Order of sentence dtd. 20/5/1998 passed by learned 1st Additional Judicial Commissioner, Ranchi in Sessions Trial No.83 of 1989 arising out of Kanke P.S. Case No.144 of 1989 corresponding to G.R. No. 3568 of 1988, whereby and whereunder the appellants have been convicted under Sec. 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life. Prosecution Case:

(3.) Prosecution story, as alleged in the first information, recorded on 15/11/1998 at about 19.30. hrs, inter alia, is that while the informant namely Ramjan Ansari alongwith his brother, Shafique Ahmad and Karijan came out of the Masjid after prayer of Namaj. At that time Majibul Ansari (appellant herein) was also standing there. Karijan asked Majibul Ansari to pay the cost for installing a transformer. On that the Majibul Ansari denied to pay the amount and accordingly, Shafique Ahmad said that electric connection will be disconnected for non-payment of the said amount. Owing to this event there had been exchange of hot words between Majibul Ansari and brother of the informant.