H.C. Mishra, J. - (1.) Heard learned counsel for the appellant and the learned counsel for the State.
(2.) The appellant is aggrieved by the Judgement of conviction dated 15.04.1996 and Order of sentence dated 16.04.1996, passed by the learned 6th Additional Sessions Judge, Palamau at Daltonganj, in S.T. No. 207 of 1993, whereby, out of the five accused persons facing the trial for the offences under Sections 302 and 307 of the Indian Penal Code, the accused Noor Haque Ansari @ Nurul Haque has been found guilty and convicted for both the offences under Sections 302 and 307 of the Indian Penal Code. The other four coaccused have been acquitted of the charges. Upon hearing on the point of sentence, the sole appellant has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, and rigorous imprisonment for ten years for the offence under Section 307 of the Indian Penal Code, and both the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of Amir Mian, the father-in-law of the deceased Aisa Bibi, recorded at State Dispensary, Bishrampur, on 30.05.1992 at about 6:00 A.M., wherein the informant has stated that on the previous night on 29.05.1992 at about 11:00 P.M., he was sleeping in front of his house on a cot. His two sons had gone out of the village and there was no other male member in the house. His daughter-in-law Aisa Bibi was sleeping in the courtyard of the house on a cot and his granddaughter-in-law Nuresha Bibi was also sleeping on the verandah nearby. He heard some noise / sounds from the house, whereupon he came to his door and knocked the door asking those inmates to open the door. When the door was not opened, he raised the alarm, whereupon, Khalil Mian, Israil Mian, Nizam Mian etc., assembled there. They entered the house scaling the wall and opened the door. Thereafter he went inside the house and saw his daughter-inlaw Aisa Bibi bleeding with sharp cut injuries on her face. She was not in a position to speak. He also saw that his granddaughter-in-law was unconscious. After some time she regained consciousness and asked for water and disclosed that two persons had scaled the wall and entered the house and started assaulting her mother-in-law with farsa. They also assaulted Nuresha Bibi by the lorha, (a stone used for grinding the spices). She disclosed that she identified Nurul Haque as one of the assailants, but could not identify the other person. Aisa Bibi and Nuresha Bibi were writhing in pains. Thereafter, the Chaukidar and other persons were called and both of them were being taken for treatment to hospital, but Aisa Bibi died on the way. Nuresha Bibi was undergoing treatment at the hospital. The informant has stated that the accused had committed the offence on account of the land dispute between the parties. On the basis of the fardbeyan of the informant, Rehla P.S. Case No. 28 of 1992, corresponding to G.R. No. 800 of 1992, was instituted for the offences under Sections 302, 307 / 34 of the Indian Penal Code, against the sole accused Noor Haque Mian. After completion of investigation the charge-sheet was submitted against five accused persons, including the appellant and his father.;