MD.HAMEED Vs. STATE

JUDGEMENT

(1.) AS both the criminal appeals arise out of a common judgment, passed by Shri R.P. Singh, 1st Additional Sessions Judge, West Singh -bhum at Chaibasa in Sessions Trial No. 132/95, arising out of Chaibasa Sadar P. S. Case No. 078/94, corresponding to G.R. No. 626/94, they were heard together and are being disposed of by this common judgment.

(2.) ALL the three appellants have challenged their judgment and order of conviction dated 31st August, 1998 u/s, 302/34 of the Indian Penal Code, as they have been sentenced to undergo rigorous imprisonment for life and directed to make payment of fine of Rs. 5000/ - each and in default to undergo further imprisonment for two years. The appellant Md. Hameed [Cr. Appeal No. 247/98(R)] has been further sentenced to under go R.I. for two years for the charges u/s. 27 Arms Act, which is to run concurrently.

(3.) FURTHER case of the Informant (P.W. 8) is that the accused Hameed was threatening Md. Mobin that he would forcibly hold his shop at the same place at Tat Nagar Hat where the deceased was holding his shop. Due to aforesaid dispute regarding holding of shop at a particular place, the deceased was killed by the Bulaki Ram Versus Jatru Mahali accused persons at the instance of accused Md. Hameed.