RANCHI, India, Sept. 15 -- Jharkhand High Court issued the following order on aUG. 18:
1. Heard Mr. Prabhash Kumar, learned counsel appearing for the appellant and Mrs. Nehala Sharmin, learned Spl.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 22.06.2002(sentence passed on 26.06.2002) passed by Sri R.G. Singh Nagesh, learned Additional District & Sessions Judge-I, Latehar in Sessions Trial No. 180 of 1995, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302 of the Indian Penal Code (IPC) and Section 27 of the Arms Act and has been sentenced to undergo imprisonment for life for the offence u/s 302 IPC along with a fine of Rs. 1,000/- and in default in payment of fine to undergo rigorous imprisonment for 6 months and to undergo rigorous imprisonment for three years for the offence punishable u/s Section 27 of the Arms Act. Both the sentences were directed to run concurrently.
3. The prosecution case arises out of the fardbeyan of Abdul Gani recorded on 05.12.1994 in which it has been stated that on the same day at 10 a.m., the mother of the informant Chamo Bibi along with Sajrul Khatoon and Gulabi Bibi had gone to Purnapani jungle for grazing goats. At 12 noon Gulabi Bibi came running and disclosed that Azul @ Sadaqat Mian has shot at the mother of the informant. At this information, the informant along with others had rushed to the place of occurrence where he had seen his mother writhing. The informant and others were taking his mother to his house and on the way she died. The reason for the occurrence is that the accused had got a land transferred in his name by impersonating a woman, as the mother of the informant and a case was also filed regarding such act. Based on the aforesaid allegations, Latehar P.S. Case No. 100/1994 was instituted against Sadaqat @ Azul Mian. On completion of the investigation, charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 180 of 1995. Charge was framed against the accused for the offences punishable u/s 302 of the I.P.C. and Section 27 Arms Act which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.
4. The prosecution has examined as many as seven (07) witnesses in support of its case. P.W. 1-Abdul Gani is the informant who has stated that on the date of occurrence, his mother Chamo Bibi had gone to the jungle to graze goats at 10 a.m. and Sajrul Khatoon and Gulabi Bibi had accompanied her. He was in his house, when at 12 noon Sajrul Khatoon and Gulabi had come and disclosed that Azul @ Sadaqat Mian has fired at Chamo Bibi. At this information he, his brothers and father went to Purnapani jungle and saw Chamo Devi lying injured. He and others were taking Chamo Bibi to the hospital where on the way she died. The police was informed who came and his Fardbeyan was recorded. He has proved his signature on his Fardbeyan which has been marked as Ext. 1. There was a dispute between the accused and Chamo Bibi with respect to a land for which a case was also lodged.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=JWh84WYVV%2BM86K4sXzCHnwGbhQTHreEw8nLWGh0mUS2UvTEINVn4CA60BctyOLu3&caseno=Cr.A(DB)/366/2002&cCode=1&cino=JHHC010108982002&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
