- (1.) CRIMINAL Appeal No. 62 of 1997 is by A -6 and A -10.
(2.) ISHAQUE Mian and Jainul Mian and Criminal Appeal No. 68 of 1997 is by A -l to A -5, A -7, A -8, A -9, A -ll and A -12, Sugan Mian, Halim Mian, Kudus Mian, Seraj Mian @ Serajuddin, Ainul Mian @ Ansari, Wahab Mian @ Abdul Wahab, Liyakat Mian @ Ansari @ Liyakta Ansari, Ekram Mian @ Ansari, Yunus Mian and Jahur Mian in Sessions Trial No. 76 of 1995 on the file of Additional Sessions Judge, Chatra. In this judgment, the appellants in Cr. Appeal No. 62 of 1997 and Cr. Appeal No. 68 of 1997 will be referred as A -l to A -12 in the order, as they were arrayed before the trial Judge, for the sake of convenience, and the above two appeals are disposed of by the following common judgment, as they arise out of a single Session case. The accused 1 to -12 were charged under Section 3 of the Explosive Substance Act, 27 of the Arms Act, and Section 148 and 302/149 of the Indian Penal Code. The allegation against them in the charge is that after forming an unlawful assembly they in furtherance of the common object to the said unlawful assembly went to the house of the deceased, Sayeed Ansari and after dragging him out of the house fired at him and threw country made bombs, as a result of which the said Sayeed Ansari died. The trial Judge, on the evidence adduced, both oral and documentary, while acquitting all the accused -appellants under Section 3 of the Explosive Substance Act and 27 of the Arms Act, found them guilty under Section 302 read with 149 of the Indian Penal Code, for which each one of them was sentenced to imprisonment for life. Though the trial Judge found all the accused -appellants guilty under Section 149 I.P.C., did not award any separate sentence. The above two appeals are against the said conviction and sentence.
(3.) THE case of the prosecution as could be discerned from the oral and documentary evidence, can be briefly stated thus: P.W.15, Hasina Khatun is the wife of the deceased, Sayeed Ansari. The accused and the deceased as well as the prosecution witnesses were the residents of the village Kirkira within the police limits of Itkhori. There were land disputes pending between the deceased, Sayeed Ansari and the accused persons. The civil suit, which was filed, was decreed in favour of the deceased, as against which the accused preferred appeal. On the date of incident, namely, on 13.6.1994, a case between the deceased and the accused persons was also pending before the District Collector Land Reforms, Chatra. This is said to be motive for the unfortunate incident which happened at 9.00 P.M. on 13.6.1994. On 13.6.1994 at about 9.00 P.M. the deceased, Sayeed Ansari was lying in his cot and his wife P.W.15, Hasina Khatun was pressing his legs. At that time the deceased heard someone knocking the door and therefore he asked his wife to open the door. P.W.15, Hasina Khatun opened the door and find the accused standing. A -l, A -5, A -7, A -8 and A -9 entered in the room and thereafter dragged the deceased out of the house. Later A -5 and A -7 were seen armed with bombs in their hands. A -2, A -4, A -6, A -11 and A -12 were in the Varanda along with Maqbool Mian he was absconding during trial). They were armed with bomb, dagger and fire arms. After the deceased was dragged out of the house, the door was closed from outside and P.W.11, Mamun Khatun, Sister -in -law of the deceased, P.W.14, Johra Khatun and P.W.15, wife of the deceased, saw as to what is happening outside the house through the gap between the doors and found the deceased being shot at and assaulted. Later all the accused left the place. After the accused left the place, witnesses, including P.W.3, Wakar Ali, and PW -5, Suleman Mian, went there on hearing the explosion of bombs. They found the deceased lying on the ground with injuries caused by explosive substance and Tire arms. Blood was gushing out of the body. Other villagers also assembled. Information was sent to the police and P.W. -16, Mahendra Pratap Singh, the police officer attached to Itkhori Police Station, reached the place of occurrence and recorded Ext. 3, Fardbeyan given by P.W.15 at 9:15 A.M. on 14.6.1995. On the basis of Ext. 3, a formal F.I.R., Ext. 4, was registered and investigation was taken up by P.W. 16. He prepared Ext. 5, the seizure list, and conducted inquest over the dead body of Sayeed Ansari and prepared inquest report, Ext.6 . After the inquest, he sent the dead body with a requisition, requesting the doctor to conduct autopsy. ;