SHIEKH ALIMUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This appeal is directed against the judgment of conviction dated 27th September, 1995 passed by Additional Sessions Judge-Ill, Dhanbad in S.T. No.482 of 1993, convicting the accused under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life vide order dated 28th September, 1995.

(3.) The short fact as would appear from the fardbeyan of Md. Sagir, which was recorded by ASI, Sri Mohan Sharma of Katras P.S., recorded on 18.9.1991 at 22:50 hours at Central Hospital, Tilatand, Katras that on 18.9.1991 at about 6:00 a.m. in the morning, the informant Sagir along with his sister's son Sk. Khalid as well as their neighbour Sk. Amjad, son of Allimuddin had gone for grazing their cattle. They reached near the road of Liloristhan at about 7:00 a.m., in the morning and were grazing cattle, in the meantime, goats belonging to Sk. Amjed also started eating leaves plucked by Sk. Khalid, upon which, he objected to it, leading to quarrel between Sk. Khalid and Sk. Amjed. The informant pacified the quarrel between both of them and returned along with their cattle to Fudandih residence at about 10:00 a.m. Further case is that on the same evening, at about 7:15 p.m., the informant was sitting with his brother-in-law Sk. Kurban, Sk. Khalid and his sister's son Sk. Chuku on the Chabutra and were talking there. At that time, Sk. Allimuddin of same Mohalla came and caught Sk. Khalid and slapped twice and was also using filthy language. He asked that why he has abused his son Sk. Amjed. At this juncture, Sk. Kurban, brother-in-law of informant also hold the arms of Allmuddin and told that he being the guardian, he should have been approached first and why he has beaten Sk. Khalid. Then after some altercation, the appellant took out a spring knife from his right pocket of full-pant and after opening it, gave repeated blow over Sk. Kurban on his right chest, right arm and left armpit near chest, as a result of which, Sk. Kurban fell down and became unconscious. The informant raised alarm, upon which, his brothers Sk. Sumsuddin, Sk. Reyasat, Sk. Babloo and Sk. Sahadat, Md. Seraj and Md. Asmuddin reached the place of occurrence and saw Sk. Alimuddin trying to flee away by holding knife in his right hand. All persons ran towards him and caught hold him. His brother Sk. Babloo snatched that blood stained knife from the right hand of Sk. Alimmuddin. Thereafter, neighbouring people caught Allimuddin and kept him confined there. Sk. Allimuddin has also got some injury in this situation. Informant thereafter with the help of Mohalla people took the injured on a tempo to Central Hospital, Talitand, Katras, where the Doctor declared his brother-in-law dead. He claimed that his brother-in-law Sk. Kurban have been stabbed to death by Allimuddin.