MUSTAFA MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE above named two appellants were tried along with three other persons for the charges under Sections 148, 302 and 307 of the Indian Penal Code in Sessions Case No. 150 of 1998. Learned trial Court by the impugned judgment dated 16.7.2002 convicted the appellant Mustafa Mian for committing the offence under Sections 148 and 302 of the Indian Penal Code whereas, the appellant No. 2 Kalu Mian has been found guilty for the offence under Sections 148 and 307 of the Indian Penal Code. Accordingly, the appellant No. 1 was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code and he, was further sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code. So far the appellant Kalu Mian is concerned, he was sentenced to undergo rigorous imprisonment for ten years for the offence under Section 307 of the Indian Penal Code and rigorous imprisonment for one year for the offence under Section 148 of the Indian Penal Code. The three other accused persons namely Asgar Mian, Manik Mian and Kauser Mian were however acquitted from the charges levelled against them by the said impugned judgment.

(2.) AS it appears prosecution case is that there was a dispute over a pond between the informant Md. Hussain Mian (PW 6) and Gulabjan Bibi and as such, proceeding under Section 144 as well as under Section 107 of the Cr PC were pending between them. The proceedings under Section 144, Cr PC however ended in favour of the informant and this irritated the sons and the son -in -law of Gulabjan Bibi. Hence, on 20th August, 1996 at about 4.00 p.m. the informant and his brother Abdul Hamid and Abdul Majid went to the field near that pond. The accused persons Mustafa Mian and Kalu Mian carrying swords in their respective hands and other accused persons having lathi in their hands suddenly came out of the Maize field and came to the informant and his brother. Thereafter, Mustafa Mian attacked with his sword at the back side of Abdul Hamid due to which, his neck was cut -off and he died on the spot. Accused Kalu Mian also attacked Abdul Mazid with his sword. The informant raised alarm which attracted the villagers namely Anwar Mian (PW 3), Chhota Nasir Mian (PW 4), Abid Mian and Sekhabat Mian (PW 1), Zakir Mian (PW 2), Khudush Mian (PW 8) who came running and saved the informant and his brother Abdul Mazid. The accused persons on arrival of these persons, fled away.

(3.) PW 3, PW 4, PW 5, PW 6 and PW 8 are the eye -witnesses to the occurrence. PW 7 Dr. Sushil Marandi is the doctor who has proved the post -mortem report (Ext. 2). PW 9 is Dr. Suban Murmu who held postmortem examination on the dead body of Abdul Hamid. PW 10 is another doctor namely Dr. Ajay Sen who examined the injuries of Abdul Mazid and PW 11 Sonelal Paswan is the Investigating Officer of the case.