H.C. Mishra, J. - (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) The appellant Shaukat Ali Ansari is aggrieved by the Judgment of conviction dated 9th November 2002 and Order of sentence dated 11.11.1992 passed by the learned 1st Additional Sessions Judge, Godda, in Sessions Case No.64 of 1989 / 7 of 1990, whereby, the appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life.
(3.) According to the prosecution story, the informant Maniruddin Ansari, was the co-owner of a bakery (described in the FIR as bread factory) along with his younger brother Irfan Ansari. On the date of occurrence, i.e., 23.12.1988, at about 5 AM in the morning, Santosh Ravidas, a lobour in the bakery, came running and informed the informant, that his younger brother Irfan Ansari, who was in the factory, had been assaulted by knife. Upon getting the information, the informant rushed to the bakery and found his brother lying in the pool of blood in the courtyard of the bread factory. He asked his injured brother, who informed him, that in the night, he had slept in the factory and in the morning, when he was preparing himself for Namaj, the accused appellant Shaukat Ali Ansari, who was a purchaser of breads from the factory, came in the courtyard of the factory and as soon as the victim got up after washing his hands and feet, Shaukat Ansari assaulted him by knife. The co-accused Noor Islam was instigating Shaukat Ansari to kill him (the deceased). Upon the alarm raised, Sikandar and Asiruddin came to the place of occurrence, whereupon, Shaukat Ansari fled away throwing away the knife in the courtyard. There were dues of Rs.2,800/- and Rs.1,200/- with Shaukat Ali Ansari and Noor Islam respectively, which were demanded, and further supply of bread was stopped, due to which the occurrence had taken place. The injured victim was brought to the hospital on a cot and by the time, the Doctor could come, he died. Fardbeyan to the aforementioned effect of the informant Maniruddin Ansari was recorded by the police at the hospital, on the basis of the which, Mahagama P.S. Case No.133 of 1988 corresponding to G.R. No.990 of 1988, was instituted for the offence under Sections 302 / 34 of the Indian Penal Code and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused persons.;