HAIDER MIAN ALIAS HAIDER ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are six appellants. Appellant No. 6, Zakir Mian has been convicted of the charge under Section 302 and also under Section 307 and 148 of the Indian Penal Code (hereinafter referred to as 'the Code') and further under Section 27 of the Arms Act. He has been sentenced to suffer imprisonment for life under Section 302 of the Code and various other terms of imprisonment have been imposed under other charges, but the sentences are to run concurrently. The rest of the appellant Nos. 1 to 5 have been convicted under Section ! 49 of the Code and also under Sections 307, 148/27 of the Arms Act. Under the first head they also have been sentenced to suffer imprisonment for life and various other terms of imprisonment on other heads. But in other case also the sentences are to run concurrently.

(2.) The occurrence took place on 24-4-1982 at about 8 p. in. in village Ahraon, which falls under police station Aiyarkot in the district of Rohtas. The village is about 10 km. South of the police station. P.W.-1 Nayeemuddin Ansari, the informant of the case and his brother Sarfuddin and his uncle Sattar were in a khatal which is about 600 yards away from the populated area of village. This khatal is in a lonely place. P.W.-l4 Nayeemuddin (who has been named as Nayeem Ansari) was sitting on a chair and the other two were on a cot. All of a sudden all the six appellants came over to the khatal. All of them were carrying guns. They came and cried out to kill and open fire. The case is that accused Zakir Mian shot at Sarfuddin and all others shot at Sattar. The informant Nayeem has said that he ran out of the khatal and concealed himself behind a bush which has been described as Behaya plants.

(3.) The story is that P.W.-6 Julekha, daughter of deceased Sattar All used to carry food for them from her house to the khatal. On that fatal night as well she was carrying the food and then she was about 200 yards away from the khatal, she heard the loud reports of firing. She went running to the khatal. She saw that accused Znkir was twisting the hands of her father Sattar by applying pressure with his leg. She protested. But since all resorted to firing the injury proved fatal and Sattar died. It has been said that by that time many persons rushed from the village and looking at them all the accused fled away. Police had also arrived. The prosecution narrates that the police and as well as the villagers gave a chase to the accused persons. In course of chase there was cross- firing. The accused persons fired at the villagers and the police also fired at the accused. But they all made good their escape. No one could be arrested there at the spot. We get from the evidence that the prosecution witnesses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 1) got injuries in course of firing resorted to by the accused.