ABDUL RAHIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these three appeals arise out of common judgment dated 24.05.1990 passed by 6th Additional Sessions Judge Bhojpur at Arrah in Sessions Trial No. 334 of 1987, whereby and whereunder, while appellant Md. Khursheed Alam (Criminal Appeal No. 273 of 1990) has been convicted for the offence punishable under Section-302 of the Indian Penal Code (I.P.C.) and has been sentenced to undergo rigorous imprisonment for life the two other surviving appellants in Criminal Appeal No. 228 of 1990 namely, Basarat Hussain and Asghar Ali have been convicted u/s 302/149 I.P.C. sentenced to undergo rigorous imprisonment for life.

(2.) At this stage, it would be also significant to note here that in third appeal being Criminal Miscellaneous No. 257 of 1990, sole appellant Md. Haidar Ali @ Haider Ali had died and his appeal has abated as recorded by us in our earlier order dated 01.11.2012. Similarly, appeal of appellants in Criminal Miscellaneous No. 228 of 1990 namely Abdul Rahim (appellant no. 1), Naim Mian (appellant no. 2), Niyamat Ali (appellant no. 5), Md. Sabir(appellant no. 6), and Moghal Mian (appellant no. 7) has also been abated on account of their death as has been recorded in our order dated 01.11.2012 and 14.12.2012. Thus in nutshell appeals survives only on behalf of three appellants namely, Md. Khursheed Alam, Basarat Hussain and Asgar Ali.

(3.) Prosecution case is based on the fardbeyan of Md. Allaudin (PW-7) who at 10 pm in Dumraon Hospital on 06.08.1978 had stated before the police officer that on same day at about 8:30 pm while he along with 15 persons and his Imam was offering Namaz in Mosque situated at Naya Talab Takiya Mohalla, Jama Masjid, a mob of 20 named persons including the appellants had arrived over there and had stopped them from offering prayer (Namaz). It is further alleged that the people of the aforementioned mob had started grappling and in the mean time weapon such as lathi and bhala were also brought from the house of Sabir Ali whereafter they had started indiscriminately assaulting informant and his men who were trying to save themselves.