MD WAHAB MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the above appeal, the appellant, Md. Wahab Mian, challenges his conviction and sentence imposed upon him by the Trial Judge. He was tried and convicted under Section 302 read with Section 149, I.P.C., for which he was sentenced to life imprisonment and for the offence under Section 148, I.P.C., he was sentenced to one year R. I., On being found guilty under Section 436, I.P.C., he was sentenced to ten years' R.I. He was also found guilty under Sections 3 & 5 of Explosive Substances Act, for which he was sentenced to R.I. for two years with a direction that the sentences of imprisonment will run concurrently.

(2.) The facts leading to the charges and consequent conviction and sentence can be briefly summarized as follows: - Kadir Mian (D1) is the brother of P. W. 13 Md. Taki Mian. Taslim Mian (D2) is the nephew of P. W. 13. P. W. 8 Saliman Bibi is the wife of P. W. 13. Kasim Mian P. W. 2 and Muslim Mian P. W. 6 are sons of D 1 Kadir Mian. Kulsun Bibi is the wife of the said D1 Kadir Mian. They were residing in village Raghunathpur. P. W. 13 and D1 Kadir Mian were police informants. They used to give information about the activities of anti-social elements. According to the prosecution, P. W. 13 gave details as to the activities of Rafique Mian, who is one of the associates of the appellant, by complaining that they are preparing bombs and are indulging criminal activities. Sometime prior to the date of incident, which took place on the date of 6/7-1-1982, Rafique Mian and his nephew Alauddin Mian harvested paddy, for which a criminal complaint was given against them. There were also quarrels, before the date of incident, between P. W. 13 and Rafique Mian regarding irrigation of land and the mother of Rafique Mian threatened P.W. 13 with dire consequences.

(3.) After dinner on 6-1-1982, Md. Taki Mian was inside the house. The other family members were also in the house. At about 11.00 p.m., he heard some noise and woke up. He along with his nephew Kasim Mian P.W. 2 came out of the house and at the courtyard they found 10-12 persons and in that mob, he identified Rafique Mian, Zakir Mian, Piyaruddin Mian, Sagir Mian and the appellant who is the brother-in-law of Rafique Mian and one of them threw a bomb, which exploded. Thereafter, the abovenamed persons and others who came with them entered the room, which was on the southern side of the house, in which Kadir Mian Dl was sleeping. Dl Kadir Mian was dragged out of the room and a bomb was thrown at him by Rafique Mian. Kadir Mian died at the place. Taslim Mian, who is another nephew of P.W. 13, with a view to escape from the attack, attempted to climb over the roof; Rafique Mian exploded another bomb, as a result of which the said Taslim Mian fell down from the roof and died. All the accused persons including the appellant entered the room where Saliman Bibi, wife of P.W. 13, was sleeping. They questioned her and Zakir Mian exploded a bomb, as a result of which she suffered injuries. On account of the explosion of bombs by the accused, Kasim Mian P.W. 2, who is the son of D1 Kadir Mian, P. W. 11 Kulsum Bibi, wife of D1, as well as P. W. 8 Saliman Bibi, wife of P. W. 13, suffered injuries. The accused including the appellant then set fire to the house which went up in flames. On hearing the cries, the villagers P.W. 3 Md. Taiyab Ansari, P.W. 4 Md. Halim Ansari, P.W. 9 Md. Lukman and P. W. 12 Nayeem Ansari as well as others gathered at the place. P.W. 13 proceeded to the police station and gave the fardbeyan, Ext. 8, at 3.30 a.m. on 7-1-1982, on the basis of which a crime was registered at the police station. Investigation was taken up by the Police Officer, who reached the scene of occurrence, conducted inquest over the two dead bodies of Dl Kadir Mian and D2 Taslim Mian. Inquest reports are Ext. 10 and Ext. 10/1 respectively. P.Ws. 2, 8 and 11, who had injuries, were sent to the hospital by the Police Officer. Two dead bodies were also sent to the hospital for the purpose of autopsy. 3A. P.W. 14 Dr. Narendra Mohan Sharma examined P. W. 2 at 10.00 a.m. on 7-1-1982. He found as many as five lacerated wounds and two superficial burns on the person of Kasim Ansari. Thereafter he examined P. W. 11 Kulsum Bibi and on her person, he found two lacerated wounds. P. W. 8 Saliman Bibi was then examined and the Doctor found four lacerated wounds with superficial burn injuries. Exts. 6, 6/1 and 6/2 are the injury reports, respectively, issued by the Doctor for the injuries found on P. Ws. 2, 11 and 8.