SOBRATI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The conviction of the appellant is based on the solitary statement of P.W. 10. who claimed to be an eye-witness.

(2.) The appellant was put on trial along with six other accused. Charges under various heads, i.e. 302/149, 302/120B and 148 and 147 of the Penal Code (hereinafter referred to as 'the Code') were framed. But all these need no discussion, as all other accused were acquitted and this appellant alone has been convicted under S. 302 of the Code. The charge against him is that he took out a gun from a Jhola (bag) and fired at Moinuddin causing his death. It all happened on 27-10-1980 in a field, where the deceased was on his way to school, in which he was working as a headmaster. P. W. 10 has said that in the morning between 9 and 10 a.m. he was going to purchase coal when he met the appellant. Proceeding a little ahead, he saw all other accused sitting at a place, with whom the appellant also joined. He further noticed Moinuddin Master going to Pokhari L. P. School. It was at this point of time that appellant Sobrati Mian shot at Moin Master. According to him, next to Sobrati Mian, another accused Hamid (acquitted of the charge) also fired a shot on Moin Master. This witness further narrates that he was caught hold of by the accused Nizam and Bhukhan. They took him behind a Jhari (bush) and asked him not to tell about it to any one and threatened that if he would do so, he would also be done to death. The witness has said that he then went to his cousin (Mamera brother) named Balo Mistry and told him all about the incident. He kept himself confined to his place till Tuesday. It is his statement that it was only out of fear that he did not speak to any one about the incident. According to him, his cousin Balo Mistry also shared the view.

(3.) On the Sunday following P.W. 10 went out for marketing. There he met the Mukhia of the village named Shamsuddin; looking at him, probably his fear vanished, he got bold and told the Mukhia about the aforesaid incident of killing Moin Master by a gunshot fired by the accused appellant Sobrati Mian. The informant Abdul Kadir (P.W. 16) also got the information and they together, i.e. the Mukhia and Abdul Kadir took P.W. 10 to police station, Latehar, where he gave his statement telling all the details about the occurrence.