YAKUB KHAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Both the criminal appeals, arising out of the same judgment, were heard together and are being disposed of by the common judgment.

(2.) Both the criminal appeals are directed against the judgment of conviction and order of sentence dated 11.06.2012 passed by the Sessions Judge, Garhwa in S.T. No. 75 of 1994, whereby all the appellants having been found guilty of the charges under Sec. 302/34 of the Indian Penal Code, have been sentenced to undergo imprisonment for life under Sec. 302/34 of the Indian Penal Code and also directed to pay a fine of Rs. 2,000.00 each and in default thereof, they have been further sentenced to undergo rigorous imprisonment for six months.

(3.) The case of the prosecution, in brief, is that in the night around 10:00 p.m. the husband of the informant after thrashing Rahar was sleeping along with his friend-Raju Yadav on the same cot in the outer verandah of the house. The eldest son of the informant, aged about 10 years, also slept on the outer verandah on plank and just behind the outer verandah, the informant along with her daughter was sleeping after closing the door. At about 1:00 a.m. when she heard the sound of whispering of people, she woke up and started looking outside in the light of lamp (Dibhri). She saw accused-Mashruddin Khan (appellant) cutting neck of her husband by dagger having sharp cutting edge and other accused persons namely, Manauar Khan, Yakub Khan and Jubair Khan, catching hands and legs of her husband. She further alleged that at the same time, her son came there and she along with her son raised alarm on which the accused persons fled away after killing her husband. She further alleged that her husband's friend-Raju Yadav tried to save the deceased but he was also assaulted by the accused persons on his head. On hearing alarm, the villagers namely, Amruddin, Jafar Khan, Shakil Khan and some other people came there to whom she told about the occurrence. She has suspected that in the commission of crime, accused-Faisiuddin Khan may be involved as because a year ago there was quarrel between accused-Faisiuddin Khan and her family in which the wife and daughter of said Faisiuddin Khan had become injured and due to that reason, said Faisiuddin Khan after hatching conspiracy with the other accused persons killed her husband.