NAZRUL SHEIKH, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The informant, namely, Md. Tarik Anwar has named Nazrul Sheikh, Hifazul Sheikh, Belal Sheikh and Taimur Sheikh as accused who along with two unknown persons have committed murder of his father, namely, Md. Asraf Ali. On the basis of his fardbeyan which was recorded at 4:30 a.m on 06.08.1997, Rajmahal P.S. Case No. 171 of 1997 was registered on 06.08.1997 against them under section 302/34 of the Indian Penal Code and under section 27 of the Arms Act.

(2.) In Sessions Case No. 14 of 1998, the appellants have been convicted and sentenced to R.I for life under section 302/34 of the Indian Penal Code and R.I for one year under section 27 of the Arms Act.

(3.) The prosecution's case as described by the informant is recorded in the fardbeyan. The informant has stated that it was about mid-night of 5/6.08.1997 when he was returning after a video-show and when he reached near his house he has seen 5-6 persons on his veranda. In the torch light he has identified the appellants. He has seen two unknown persons also there and all of them were talking with each other. In the meantime, Hifazul Sheikh and Nazrul Sheikh on seeing him coming home uttered that Tarik has come therefore let us kill and leave, whereupon Taimur Sheikh and Belal Sheikh fired shot at his father which hit him on his head and chest. Thereafter, the accused persons fled away and while fleeing away they have fired one more shot. When he reached near his father he found him dead. The informant has stated that in the night his mother and brother were also sleeping on the veranda and they have also seen the occurrence. He has further stated that on raising hulla several villagers assembled there and the reason for the occurrence was a long standing dispute between his father and Taimur Sheikh. He has also stated that 5-7 days prior to the occurrence Taimur Sheikh had threatened his father to kill him.