- (1.) THE appellants along with the other four accused persons, were prosecuted for the charge under Sections 147, 146, 149, 323, 426, 452, 302 and 34 of the Indian Penal Code. On conclusion of the trial, the appellants have been found guilty of committing murder of Chutur Miya and by the impugned judgment have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment. The appellant No. 2, since dead, appeal stands abated against him.
(2.) THE prosecution was launched on the basis of the fardbeyan of Wahid Miya, father of the deceased Chutur Miya. The prosecution case, in short, is that on 28.3.1983 at about 5 PM while the informant's son Chutur @ Kamruddin Miya was returning from a tank situated in the South -West of the village after easing himself and reached near the house of Aziz Miya, the appellants along with others chased Chutur Miya. In a bid to save his life, he entered into the house of Aziz Miya. Amir Hamja, Jainuddin, Dost Mohammad and Bhutkul Miya then broke open the door of the room with tangi and dragged out Chutur Miya and brought him to the village road where he was assaulted by the accused persons with deadly weapons causing multiple grievous repeated injuries. Chutur Miya as a result succumbed to the injuries and died. Appellant No. 1 was armed with Farsha, Appellant No. 2, since dead, was armed with Ballam, Appellant No. 3 with Tangi and Bhutkul Miya was having a cycle chain in his hand which they used in assaulting Chutur Mian causing his death. When the informant and his wife tried to save their son, they were also assaulted. They sustained injuries on their persons. The prosecution in order to prove the charges against the appellant altogether examined eleven witnesses. P.W.1, P.W.2, P.W.3, P.W.4, P.W.5, P.W.6 and P.W.8 are said to be the eye -witnesses of the said occurrence. P.W.9 is the Investigating Officer and P.W.11 is the Doctor who examined the injured persons and conducted post -mortem on the dead body of the deceased Chutur Miya. The accused persons were examined under Section 313 Cr.P.C. Two defence witnesses were also examined to prove the plea of alibi of Amri Hamja. According to the defence, Amir Hamja, at the relevant time, was under treatment in a hospital and was not present at the place of occurrence as alleged. D.W.2 has proved the treatment register in support of the said defence.
(3.) THE accused - appellant denied the charges and claimed to be tried. They also gave suggestions to the prosecution witnesses that the deceased Chutur Miya was a criminal and might have been murdered by somebody else.;