MD KASHIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of judgment and order dated 21-9-1993 passed by 1st AddI. Sessions Judge. Nawada in S.T., No. 14/92/100/91, Md. Kasim, appellant in Cr. A. No. 415/93 convicted for the offence under Section 302/109. IPC. died during pendency of the appeal and as such his appeal stood abated.

(2.) Appellants in Cr. A. No. 510/ 93 have been convicted for the offence under Section 302. IPC and sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for five years.

(3.) The prosecution case as has been mentioned in the fardbeyan is that one Hafiz Haidar gave his fardbeyan on 9-7-1990 at about 11 a.m. that he was at his house. At about 8.45 a.m. his uncle Sakir Mian came and disclosed that Abdul Rahman and Nazim Mian etc. had tied the buffalo of Mokhtar Mian at their house on the ground that buffalo had damaged the paddy seedlings. They were demanding Rs. 100/- for release of the buffalo. He Sakir Mian, Md. Matin, Asgar Mian. Farid Mian went to the house of Md. Kasim and found his father Gulam Rasool, his younger brother Maqsood Alam, Abdul Rahman, Nazim Mian, Md. Shoeb. Kazim Mian. Abdul Kalam, Abdul Salam and Md. Kasim present there-from before. There was altercation between them. Md. Kasim ordered to assault on which the afore said persons went to their house and Abdul Rahman with a double barrel gun. Md. Kazim with a country made pistol. Md. Shoeb, Nazim Mian, Abdul Kalam with Lathi and Abdul Salam with Saif came running. Abdul Rahman fired causing injury on the chest of his father Goolam Rasool. He fell down off the ground. Md. Kazim fired from country made pistol causing injury to his brother Maqsood Alam on the chest. Abdul Rahman also sustained injury due to which his gun fell down on the ground. The villagers came and they ran away. He took the gun and thereafter the injured were taken to Nawada Sadar Hospital on a tractor. There the Doctor declared his father Goolam Rasool dead, and after giving first aid to his brother Maqsood Alam the Doctor advised to take him to Patna for treatment. The gun of Abdul Rahman is at his house.