ALAM MIAN Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Both criminal appeals are arising out of common judgment of conviction dated 31.08.1996 and order of sentence dated 03.09.1996 passed in Sessions Case No.147 of 1993 arising out of Sonaraitharhi - Sarwan P.S. Case No.50 of 1989 passed by learned Sessions Judge, Deoghar whereby seven appellants namely, (1) Alam Mian, (2) Kadir Mian, (3) Hasim Miyan, (4) Vahid Miyan, (5) Bahadur Mian, (6) Charku Miyan and (7) Vasir Miyan have been convicted for the offence committed and punishable under Section 302 of the Indian Penal Code. Alam Mian, Vahid Mian and Vasir Miyan have further been convicted for the offence committed and punishable under section 379 of the Indian Penal Code and all of them have preferred criminal appeal (DB) No.420 of 1996. Kaila Miyan has been convicted only for the offence committed and punishable under section 379 of the Indian Penal Code and has preferred Criminal Appeal (DB) No.541 of 1996. The learned trial court has awarded rigorous imprisonment for life to the appellants, who have been held guilty and convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for two years to the appellants who have been held guilty and convicted for the offence committed and punishable under section 379 of the Indian Penal Code. All the sentences were directed to run con-currently.

(2.) The prosecution case is based upon fardbyan of Laskari Mian (victim/deceased) son of Wakil Mian of village- Binjhakurwa, P.S.-Sonaraitharhi (Sarwan), District- Deoghar recorded by Sub-Inspector B. K. Singh of Police Station-Sonaraitharhi on 30.06.1989 at 19.30 Hours at Binjhakurwa, whereby the informant has stated that at around 3.30 P.M. he was going to village Binjhakurwa Hatia on bicycle having rice in sack approximately one quintal. The informant has further stated that as soon as he reached near the house of Alam Mian, he was caught hold with his bicycle by Alam Mian and Kadir Mian and Bahadur Mian and Vahid Mian assaulted him by means of sabbal. Thereafter Hasim Miyan son of Pahlu Mian, Vasir Miyan son of late Sakil Mian, Sabir Mian son of Vasir Miyan, Sahruddin Mian son of Sagar Mian, Kamruddin Mian son of Sagar Mian, Katu Mian @ Jiyauddin Mian son of Rasul Mian, Tahir Mian son of Rohan Mian, Badruddin Mian son of Habib Mian, Kaila Miyan son of Hablu Mian, Samsuddin Mian son of Nausad Mian, Charku Miyan son of Chuti Mian, Rasid Mian son of Chuti Mian, Fodi Mian son of Wudan Mian, Naso Mian son of Rafi Mian, Ibrahim Mian son of Gambhir Mian, Fakruddin Mian son of Ibrahim Mian, Chuto Mian son of Wudan Mian, Alam Mian son of Rohan Mian, Vahid Mian son of Rasul Mian, Bahadur Mian son of late Raso Mian all resident of Binjhakurwa, P.S.- Sonaraitharhi, District- Deoghar came out of house and dragged him inside the house of Alam Mian. Thereafter Vahid Mian having sabbal, Hasim Miyan having rod, Alam Mian having danda, Kadir Mian having bhujali and other accused persons having danda in their hand assaulted the informant on his body causing grievous injuries. It is also alleged that rice kept on the bicycle in the sack and the bicycle have been taken away by Alam Mian, Vasir Miyan, Vahid Mian and Kaila Miyan and Rs.200/- has been taken out from the pocket of informant by Kaila Miyan. The Fardbeyan of the informant was recorded in presence of the witnesses Nasir Mian(P.W.3) and Gho Gho Mian(P.W.1).

(3.) On the basis of fardbeyan of the informant, police has registered Sonaraitharhi (Sarwan) P. S. Case No. 50 of 1989 dated 01.07.1989 under Sections 147 /148/ 149/ 323/ 324/ 307/379 of the Indian Penal Code against above twenty one (21) named accused persons namely, (1) Alam Mian, (2) Wahid Mian (3) Bahadur Mian (4) Hatim Mian (5) Vasir Miyan (6) Sabir Mian (7) Sahruddin Mian (8) Kamruddin Mian (9) Katu Mian @ Jiyauddin Mian (10) Tahir Mian (11) Badruddin Mian (12) Kaila Miyan (13) Samsuddin Mian (14) Charku Miyan(15) Rasid Mian (16) Fodi Mian (17) Naso Mian (18) Ibrahim Mian (19) Fakruddin Mian (20) Choto Mian (21) Sahruddin Mian.