Case Facts:
Patna High Court CR. APP (DB) No.697 of 2006 dt.30-10-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.697 of 2006 ----- Against the judgment of conviction dated 30.06.2006 and order of sentence dated 11.07.2006 passed by Sri Arvind Kumar Sinha, Additional Sessions Judge-Fast Track Court III, Bhagalpur in Sessions Case No. 811 of 2005/Trial No.95 of 2005. =============================================== 1.Md.Halim Ansari 2.Md.Kutubuddin Ansari 3.Md.Allauddin Ansari All sons of Late Rahman Ansari 4.Akhtar Ansari son of Late Md.Ansari, All are residents of village Laskarichak, P.S., Sanokhar, District Bhagalpur .... .... Appellant/s Versus The State Of Bihar .... .... Respondent/s =============================================== Appearance : For the Appellants: Mr.Bimal Kumar No.2 Advocate (Amicus Curiae) For the State : Mr.Ashwini Kumar Sinh,APP =================== CORAM:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR.JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA) Date: 30-10-2012 -------- All the above four appellants have come to this court against the judgment of conviction dated 30.06.2006 and order of Patna High Court CR. APP (DB) No.697 of 2006 dt.30-10-2012 2 sentence dated 11.07.2006 passed by learned Additional Sessions Judge, Fast Track Court III, Bhagalpur in Sessions Case No.811 of 2005/Trial No. 95 of 2005 whereby and whereunder the appellants were found guilty under [STATUTE] and 27 of the Arms Act and they were sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/-(Twenty thousand) each for the charge under [STATUTE] and further to undergo rigorous imprisonment for five years for charge under Section 27 of the Arms Act and both the sentences were ordered to run concurrently and in case of default in payment of fine, the appellants were to undergo rigorous imprisonment for four years. 2. On the basis of fardbeyan (Ext.3) of P.W.5 Ramjani Ansari, which was recorded at 11.45 hours on 15.03.2004 at the place of occurrence, a formal F.I.R. of Sanhaula P.S.Case No. 27 of 2004 was registered for offence under [STATUTE] and 27 Patna High Court CR. APP (DB) No.697 of 2006 dt.30-10-2012 3 of the Arms Act. In presence of Md. Kasim Ansari (P.W.4) the informant Ramjani Ansari stated before the police in the field of Sheikh Sakim (not examined) that at preceding 6.00 A.M., he along with his son Tanveer Ansari (deceased), villagers Md. Nasim Ansari (deceased) and Md.Kasim Ansari (P.W.4) had been to the field to attend the call of nature. Suddenly, Md.Allauddin Ansari (appellant no.3), his brothers Md.Kutubuddin Ansari(appellant no.2), Md.Halim Ansari(appellant no.1) and Akhtar Ansari (appellant no.4) having fire arms came and they started firing. The informant and others tried to save themselves but on account of firing of all the accused persons, the informant’s son Tanveer Ansari aged 19 years and Md.Nasim Ansari aged 20 years were killed. The enmity from before was the reason of killings. After recording fardbeyan, the police seized blood stained earth and two empty cartridges from the place of occurrence, prepared inquest reports of both the deceased Md.Tanveer Ansari Patna High Court CR. APP (DB) No.697 of 2006 dt.30-10-2012 4 and Md.Nasim Ansari (Exts. 1 and 1/1), recorded statements of witnesses, obtained post mortem reports of both the deceased (Exts. 5 and 5/1) and after completion of investigation submitted chargesheet. Cognizance was taken and the case was committed to the court of Sessions. On transfer, the trial court framed charge under [STATUTE] and 27 of the Arms Act against the accused persons (appellants) to which they pleaded innocence. Hence trial proceeded. 3. Before the trial court, the prosecution has examined Khurshida as P.W.1, Halima, wife of the informant (P.W.5) as P.W.2, Bibi Mushtakim as P.W.3, Kashim Ansari, a witness of the fardbeyan as well as the eye witness of the occurrence, as P.W.4, Ramjani Ansari, the informant of the case, as P.W.5, Rashul as P.W.6, Sk. Shammo as P.W.7, Satya Narayan Mandal, the Investigating Officer who submitted the chargesheet, as P.W.8 and Dr.A.K.Mallick as P.W.9. Patna High Court CR. APP (DB) No.697 of 2006 dt.30-10-2012 5 4. The defence in order to show the enmity from before has examined Sk.Sobrati as D.W.1, Sk.Khudabux as D.W.2, Md.Imran as D.W.3 and Md.Asif Ansari as D.W.4. 5. The trial court after considering the evidences on record and after hearing the arguments opined that the prosecution has been able to prove the charges against the accused persons beyond the shadow of all reasonable doubts and has passed the order of conviction and sentence, as stated above. 5. This court is required to reappraise the evidences on record and to see as to whether there were materials on record to prove the charges against the appellants beyond the shadow of all reasonable doubts or not. 6. Before discussing the oral evidences, it would be appropriate to discuss the evidence of the doctor P.W.9 Dr.A.K.Mallick who held post mortem over the dead bodies of both the deceased on 16.03.2004 while he was posted as Head of Department, Forensic Medicine, Patna High Court CR. APP (DB) No.697 of 2006 dt.30-10-2012 6 Jawahar Lal Nehru Medical College & Hospital, Bhagalpur. 7. On the person of deceased Nasim Ansari, the following injuries were found: (i)one wound of entry with inverted margin 1”x1/2” leading to chest cavity passed on middle of back at the level of 6th thorasic vertebra 2” left from the midline. The bullet entered left chest cavity, pierced left lung and spleen and pericardium right atrium, right lungs caused fracture on the body of sternum and came out through a wound of Exit everted margin 1 ½”x1” in front of chest almost in midline at the level of 5th rib. (ii)One wound of entry with inverted margin and tattooing w

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.