SIDIQUE KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE aforesaid two appeals i.e Cr. A (DB) No. 272 of 2000 filed by Sidique Khan and Cr. A. (DB) No. 211 of 2000 filed by appellants, Fainul Khan, Sainul Khan, Irshad Khan and Mir Shaukat are directed against the judgment of conviction and order of sentence dated 6.6.2000 and 7.6.2000 respectively passed by Additional Judicial Commissioner, Lohardaga in Sessions Trial No. 378 of 1990/ 23 of 1991 whereby and whereunder he convicted all the appellants under section 302/149 and 323/149 of the IPC. The appellant Sadique Khan had also been convicted under section 148 of the IPC, whereas all other appellants also convicted under section 147 of the IPC. It appears that all the appellants sentenced to undergo imprisonment for life for the offence under section 302/149 of the IPC. They are also sentenced to undergo R.I. for six months for the offence punishable under section 323/149 of the IPC. The appellant, Sidique Khan had been sentenced to undergo R.I. for two years for the offence punishable under section 148 of the IPC and rest appellants sentenced to undergo R.I. for one year for the offence under section 147 of the IPC. The learned court below had further directed that all the sentences will run concurrently.

(2.) SINCE the aforesaid two appeals arose from the common judgment of learned court below, therefore, both the appeals heard together and are being disposed of by this common judgment.

(3.) ON the basis of aforesaid fard beyan, police instituted Kisko P.S. Case No. 25 of 1983 dated 1.11.1983 under section 147, 323, 324, 326 and took up investigation. It appears that during the investigation, deceased died; therefore, offence under section 302 of the IPC was added. It further appears that after completing the investigation, the police submitted charge sheet on the basis of which cognizance of the offence was taken. Thereafter case was committed to the court of sessions. After the commitment the charges were framed against all the appellants under section 302/149, 323/149 IPC. It appears that appellants Sidique and co accused Jabbar Khan were also charged under section 148 of the IPC, whereas other appellants, namely, Sainul, Fainul, Irshad and Mir Shaukat were further charged under section 147 of the IPC. All the charges were read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried. It appears that during the trial one accused, namely, Jabbar Khan died, thus his case has abated and rest five accused faced the trial. It appears that the prosecution had examined altogether 11 witnesses in support of its case. The prosecution had also proved injury report of deceased (Ext. -1), signature of witnesses ( Ext. -2), Fardbeyan (Ext. -3), Post Mortem Report ( Ext. -4), FIR ( Ext. -5). After the close of the case of prosecution, the statement of appellants recorded under section 313 Cr.P.C. in which their defence is of total denial. It further appears that learned court below after considering the evidence available on record, convicted and sentenced the appellants by the impugned order against that present appeals filed.