KHALIL MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment of conviction and order of sentence dated 27th Aug., 2008 and 29th Aug., 2008 respectively passed by learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 93 of 2004, arising out of Giridih (T) P.S. Case No. 264 of 2003, (G.R. Case No. 1962 of 2003), whereby and where-under all these appellants, having been found guilty for committing offence under Sections 302/34 of the Indian Penal Code, have been sentenced to undergo imprisonment for life and fine of Rs. 1,000.00 each.

(2.) The case of the prosecution, as has been made out by the informant Julekha Khatoon (P.W.10) in her fardbeyan, is that on 22.10.2003 at about 4.00 PM her husband Hemtali Mian @ Bandhu Mian (deceased) had gone to Bhandaridih for marketing. The informant, her son Mahiruddin Ansari and daughter Aisha were at the house situated at Lakhari. At about 8.00 P.M. she heard sound of blasting of three bombs in front of her house. She came out of her house with a lantern and saw Khalil Mian, Salim Mian and Jakir Mian were standing in the street. She also saw her husband who was lying in the street in injured condition and his cycle was also lying there. The informant also saw two-three persons fleeing in the western side but she could not identify them. She inquired from the accused persons (appellants herein) as to who has assaulted her husband but they fled from the place and entered into their house. Thereafter, the informant raised hulla and villagers took the husband of the informant to the hospital but he died.

(3.) On the basis of the aforesaid fardbeyan, Giridih (T) P.S. Case No. 264 of 2003 was registered under sections 302/34 of the Indian Penal Code as well as under Sections 3/4/5 of Explosive Substance Act. After investigation, police submitted charge-sheet against the present appellants, namely, Khalil Mian, Jakir Mian and Salim Mian, showing the investigation pending against one Md. Kalim. Thereafter, the case was committed to the Court of Session which was numbered as S.T.Case No. 93 of 2004. In the meantime another charge-sheet was submitted against Md. Kalim and his case was also committed to the Court of Sessions which was numbered as S.T. Case No. 228 of 2004. Both the cases were amalgamated and since Md. Kalim was declared juvenile, his case was separated and was sent to the Board.