MANIR ANSARI @ MANIRUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgement of conviction and Order of sentence dated 22.05.2008, passed by the learned 1st Addl. Sessions Judge, Dhanbad, in S.T. Case No. 17 of 2007, whereby, the appellant along with other co-accused Yasin Mian, has been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, both the convicts were sentenced to undergo R.I. for life, for the said offence. It may be stated that the co-accused Yasin Mian had also filed Cr. Appeal (DB) No. 902 of 2008, which stood abated, due to the death of the said co-accused.

(3.) The prosecution case was instituted on the basis of the written report submitted by the informant Md. Kalimuddin Ansari, son of the deceased Gulam Rashul Mian, at Tundi Police Station, within the District of Dhanbad, on 10.06.2006, wherein, it was stated that on the same date, the informant with his brother and father were working in their field, when at about 10:00 A.M., in the morning, the accused persons, namely, Manir Ansari, Gafur Ansari, Ainul Ansari, Sharif Ansari and Yasin Mian came there and they started quarreling with his father pressurizing him to change his evidence, which his father refused. It is alleged that thereafter the accused persons started assaulting his father and upon the order given by Gafur Ansari, the accused Manir Ansari assaulted his father by iron rod on his head, due to which his father fell down being injured. The informant and his brother fled away due to fear towards their village, raising alarm, and by the time they returned back to the field, his father was dead. There was bleeding injury on the head of his father. It is stated that on 20.07.1991, Amiruddin Ansari, the elder brother of the informant was murdered by the accused persons, and his father was an eye witness to that occurrence. As the trial was going on in the Court, upon the refusal of changing the evidence in that case, the occurrence had taken place. On the basis of the written report submitted by the informant, Tundi P.S. Case No.32 of 2006, corresponding to G.R. No. 1828 of 2006, was instituted against the accused persons for the offence under Sections 302 / 34 of the Indian Penal Code, and investigation was taken up. During investigation, the accused Manir Ansari and Yasin Mian were apprehended and the charge-sheet was submitted against them, showing the others to be absconders.