MATIN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants Mr. A. S. Dayal and learned Additional Public Prosecutor, Mr. Anand Kumar Pandey.

(2.) There are four appellants in this appeal who have been convicted by the impugned judgment dated 18.05.1996 for the charge under Section 302/201 of the Indian Penal Code in Sessions Trial No. 190 of 1987 passed by the learned Court of 1st Additional Sessions Judge, Palamau at Daltonganj and sentenced to undergo life imprisonment under Section 302 of the I.P.C while no separate sentence has been imposed under Section 201 of the I.P.C vide the impugned order of sentence dated 18.05.1996. One of the co-accused Kunan Khan has been acquitted by the learned Trial Court.

(3.) The fardbeyan of Sheobrat Bhuian (PW.1) of village Pakariyadih under Manatu Police Station recorded by Sub Inspector Brajesh Singh of Manatu Police Station on 05.07.1996 at 15.30 Hrs. at village Pakariyadih is the basis for institution of the formal F.I.R bearing Manatu P.S. Case No. 40 of 1986 under Sections 302/201/120B of the I.P.C against 5 named accused persons namely (i) Motin Mian, (2) Kunan Khan, (3) Azimuddin Mian @ Waziuddin Mian, (4) Safique Mian and (5) Yashin Mian, all of whom were sent up for trial on submission of the charge-sheet no. 45/1986 dated 07.10.1986 under Section 302/201/120B of the I.P.C.