SOBRATI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Senior Counsel for the appellants Mr. A.K. Kashyap and learned Additional Public Prosecutor Mr. Satish Kumar Keshri representing the State.

(2.) Three accused persons out of total ten who faced the Sessions Trial No.88/1987 were convicted by learned court of 1st Additional Sessions Judge, Dhanbad for the charge under Section 147 of the I.P.C. and also under Sections 302/109 of the I.P.C. and were sentenced to imprisonment for life under Sections 302/149 of the I.P.C. while no separate sentence was awarded under Section 147 of the I.P.C. by the judgment of conviction dated 28th June 1996 / order of sentence dated 2nd July 1996. These three convicts approached this Court in the present appeal. During pendency of this appeal, appellant Ayub Mian son of Balli Mian died and the appeal stands abated as respects him in view of the order dated 13th February 2019.

(3.) The prosecution case as unfolded through the Fardbeyan of Saira Bano daughter of the deceased Sikandar Mian, resident of village Amlatanr, P.S. Govindpur, District Dhanbad, recorded at 2.30 hours on 30th March 1983 at village Amlatanr by the Sub-Inspector Enamul Haque of Govindpur Police Station is the basis for the F.I.R. bearing Govindpur P.S. Case No.56/1983 registered against 10 accused persons under Section 147/302 of the I.P.C. The informant (examined as P.W.2) inter alia alleged that on 29th March 1983 at about 10 P.M. Genda Mian (her uncle) son of Labhu Mian was returning to his village Amlatanr from Govindpur after selling milk. At that time Maulana Abdul Razaque was irrigating his new jackfruit tree. He started abusing her uncle Genda Mian and threatened that her uncle would be taken to task as he used to spoil the jackfruit trees. This resulted in an altercation between two. Her uncle fled away and reached home, informed her farther Raghu @ Sikandar. Thereafter her father and others went to inquire and after a while there was loud brawl, on hearing which informant came out and saw that her uncle and Ainul Mian son of Salim, Kaila Mian, Sobrati Mian, Nasaru Mian, Jalal Mian, Khusru Mian, Yunus Mian, Ayub Mian, Ishaque Mian, Alta Mian and Hafiz Subhani, all residents of village Amlatanr, P.S. Govindpur, District Dhanbad were chasing towards the east direction of their village. Informant followed them and thereafter saw that in front of the door of Basudeo Mian, Ayub Mian sat over the chest of her father and Nasaru Mian son of Khidmat Mian started assaulting her with slaps and other accused persons also indulged in fisticuff. Thereafter her father was brought to the road where he died. All the accused persons fled away. The cause of occurrence is previous enmity due to land dispute. She asserted that this incidence was seen by the villager Sultan Mian and wife of Basudeo Mian. The incidence occurred at around 11 P.M. in the night.