AFTAB ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant, Aftab Ansari has preferred this appeal against the judgment and order of conviction dated 30.12.2002 passed by Sri Arun Kumar Additional Judicial Commissioner (F.T.) Ranchi in Sessions Trial No. 363 of 1999 whereby and whereunder the appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to under go R.I. for life, further sentenced to pay fine of Rs. 5,000/ - in default to further undergo imprisonment for six months.

(2.) BRIEF facts leading to his conviction are that the deceased Amanat Ansari and the appellant were working as daily wagers in the tent house of Zibrail Ansari situated at Mandar. Both of them used to lake their meals and further sleep in the house of Zibrail Ansari. Further stated that 4 -5 days before the occurrence Zibrail gave them a Ten Rupee Note to divide it equally between them. According to the informant the appellant handed over a torn Rupees Five note to the informant which was later on not accepted by the shopkeepers and ultimately it was used worth Rupees Four only which lead to an altercation between them. Further stated that on 27.5.1998 Zibrail Ansari again gave Rs. 10 Note to the informant to divide it between them which again raised controversy regarding sharing the money and its use. The informant after taking meal in the night of 27.5.1998 went to sleep at 10 p.m. and woke up at 11.30 p.m. to find that the appellant Aftab has inserted a Chura in his stomach. The informant raised alarm and objected why the appellant was assaulting him. Then the appellant with intention to kill him again stabled him resulting to bleeding injury. Thereafter he raised alarm and people started coming. In the meantime the appellant fled to the roof of the house. The informant was brought to Mandar hospital in serious condition where police arrived and recorded his statement in presence of Ramjan Ansari and Zibrail Ansari. The informant Amanat succumbed to injury within hours.

(3.) THE case of the appellant was committed to the court of sessions for trial wherein he was charged on 28.7.1999 under Section 302 of the Indian Penal Code to which he pleaded not guilty and claimed false prosecution. The learned trial court after examining witnesses ultimately found and held the appellant guilty under Section 302 of the Indian Penal Code and sentenced him to serve R.I. for life and further to pay a fine of Rs. 5,000/ - in default to serve imprisonment for six months.