FAIZ MIRJA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) Appellant is aggrieved by the impugned Judgment of conviction and Order of sentence dated 27.04.1996, passed by learned 1st Additional Sessions Judge, Giridih, in S.T. No.88 of 1995, whereby, the appellant Faiz Mirja has been found guilty and convicted for the offences under sections 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal code, R.I. for seven years for the offence under Section 307 of the Indian Penal code, and R.I. for three years for the offence under Section 27 of the Arms Act, and all the sentences were directed to run concurrently. It may be stated that along with the appellant, his two brothers and father, namely, Ashif @ Sohrab Mirja, Ashique Mirja and Rustam Mirja had also faced the trial, and they have been acquitted of the charges.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Sahabuddin, son of the deceased Sahmood Mirja, recorded on 21.10.1994, at Sadar Hospital, Giridih, wherein, he has stated that on the same day at about 8.00 AM, he was along with his father and uncle Mahboob Mirja at Tinmuhani, in the Muhalla Bisunpur, at the shop of biscuits and breads. In the meantime, the accused Rustam Mirja along with his sons Faiz Mirja, Ashique Mirja, Ashif Mirja @ Sohrab, came there, whereupon, his uncle Imtiyaz asked Rustam Mirja to show the documents of land to the Sadar of Anjuman. It is alleged that thereupon Faiz Mirja started abusing them in filthy languages and stated that the dispute will be resolved after committing murder of one person and he fired pistol upon Imtiyaz, but Imtiyaz saved himself. Faiz Mirja fired another shot on the father of the informant, which also missed and thereafter, he fired third shot, which hit the father of the informant on his chest and he fell down. While the informant was trying to lift his father, Sohrab assaulted him by stone, which hit on his leg. In the meantime, several persons assembled there and the accused persons went upon the roof of the house of one Mumtaz Master and started pelting stones from the roof. In the meantime, Faiz Mirja managed to flee away. His father was brought to hospital, where the Doctor declared him dead. The informant has stated that the accused persons had encroached upon his land about 15 days ago, due to which, there was dispute between them. On the basis of the fardbeyan of the informant, Giridih Town P.S. Case No. 207 of 1994, corresponding to G.R. No.1779 of 1994, was instituted against the four named accused persons for the offences under Section 147, 148, 302 and 323 of the Indian Penal Code, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.