Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.527 of 1999 (Against judgment of conviction dated 12.10.1999 and order of sentence dated 14.10.1999 passed by Sri Ajay Kumar Srivastava, learned 6th Additional Sessions Judge, Siwan in Sessions Trial No. 158 of 1998 (Goria Khoti P. S. Case No. 80 of 1997) =========================================================== 1. Akhtar Sah @ Akhtar Hussain 2. Hasamuddin Sah @ Hasamuddin Sah Both sons of Late Mokhtar Sah, resident of village- Bindwal Takia, P.S.- Goria Kothi, District- Siwan. .... .... Appellant/s Versus The State Of Bihar .... .... Respondent with Criminal Appeal (DB) No. 531 of 1999 =========================================================== Anwar Sah @ Anwar Ali, son of Azim Sah, resident of village- Bindwal Takia, P.S.- Goria Kothi, District- Siwan. .... .... Appellant Versus The State Of Bihar .... .... Respondent =========================================================== Appearance : (In CR. APP (DB) No. 527 of 1999) For the Appellant/s : Mr. Sadaqual Hussain, Sr. Adv. Mr. Chandra Mauli Pd Singh, Adv. For the Respondent/s : Mr. Shashi Bala Verma, APP (In CR. APP (DB) No. 531 of 1999) For the Appellant/s : Mr. For the Respondent/s : Mr. S. C. Mishra, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT Date: 31-01-2012 (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Cr. Appeal (DB) No. 527 of 1999 filed on behalf of Akhtar Sah @ Akhtar Hussain and Patna High Court CR. APP (DB) No.527 of 1999 dt.31-01-2012 2 Hasamuddin Sah @ Hasamuddin Sah and Cr. Appeal (DB) No.531 of 1999 filed on behalf of Anwar Sah @ Anwar Ali have been heard together because both the appeals have arisen out of a common judgment of conviction dated 12.10.1999 and order of sentence dated 14.10.1999 passed by the learned 6th Additional Sessions Judge, Siwan in Sessions Trial No. 158 of 1998 (Goria Khoti P. S. Case No. 80 of 1997) convicting the appellants Anwar Sah, Akhtar Sah @ Akhtar Hussain and Hasamuddin Sah under [STATUTE] . and sentencing them to undergo imprisonment for life. 2. Just before noon on 23.9.1997 at 11.30 a.m. an occurrence has led to killing of Md. Arshad Sah. The occurrence was reported to the police through Fard Beyan (Ext. 3) of Akaramullah Sah (P.W. 6) which led to registration of Formal FIR (Ext. 5). Fard beyan of P. W. 6 was recorded at Goria Kothi hospital at 12.30 noon. It was alleged that at preceding 11.30 a.m. the informant was sitting on the Darwaja of Makbool Sah (not examined) along with others. The house was situated at a distance of 25-30 yards from the Mosque. Informant’s father Abdullah Sah (P.W. 4) was sitting inside of the Mosuqe. Others were also there. Informant’s Patna High Court CR. APP (DB) No.527 of 1999 dt.31-01-2012 3 younger brother Md. Arshad Sah (deceased) aged about 22 years was just outside the Mosque and at that time he was sleeping on a Cot. At that very time, Anwar Sah aged about 50 years, Akhtar Sah aged about 50 years and Hasamuddin Sah aged about 45 years came near Arshad Sah. Akhtar Sah caught the informant’s brother Arshad and Anwar Sah attacked him through Garasi (a sharp cutting instrument). Attack was repeated causing injury on left side temporal region, ear and chin of Arshad. Arshad cried that he had been assaulted by Anwar Sah, Akhtar Sah and Hasamuddin. After seeing this, informant and others went near Arshad. Arshad was brought to Goria Kothi hospital for treatment where he succumbed to the injuries. The occurrence was witnessed by Md. Naem (P.W. 7), Gafar Sah (not examined), Razi Ahmad (P.W. 1) and others. The occurrence was in retaliation of a litigation with regard to the land. 3. After registration of the case, the investigation was taken up by P. W. 8 Lalmohar Singh. Inquest report (Ext. 4) of the deceased was prepared. Post-mortem report (Ext. 2) was obtained. Anwar Sah was apprehended and on his confessional statement Garasi carrying blood Patna High Court CR. APP (DB) No.527 of 1999 dt.31-01-2012 4 stained marks (Material Ext. 1) was seized. After investigation charge-sheet was submitted. Cognizance was taken and the case was committed to the Court of Sessions where charges under [STATUTE] . were explained to the accused persons to which they pleaded innocence and preferred to face the trial. 4. The defence of the appellant was of false implication on account of enmity from before which has been mentioned in the fard beyan itself. Their further defence was that in fact Md. Arshad was killed by stranger and as accused persons were having enmity so they were framed. 5. In order to prove its case the prosecution has examined altogether eight witnesses. They are P. W. 1 Razi Ahmad, P. W. 2 Ejaharuddin, P. W. 3 Md. Samiullah, P. W. 4 Abdula Sah, P. W. 5 Dr. Suresh Prasad Sah, P. W. 6 Akramulla Sah, P. W. 7 Md. Naem, and P. W. 8 Lalmohar Singh. 6. P. W. 5 has conducted the post mortem examination on the body of the deceased and P. W. 8 has registered the FIR and investigated the case. P. W. 1, P. W. 4 and P. W. 7 are named witnesses of the FIR. P. W. 6 is the informant. 7. Before proceeding to discuss the Patna High Court CR. APP (DB) No.527 of 1999 dt.31-01-2012 5 evidence it could be appropriate to see the medical evidence of P. W. 5. Post-mortem on the dead body of Arshad sah aged about 22 years was performed on 23.9.1997 by P. W. 5 at 5 P.M. and the doctor has found the following ante-mortem injuries:- (i) Incised wound on front of neck 3” X 1” X muscle deep with trachea cut. (ii) Incised wound on olix of the left ear 1” X ¼” cartilodgo cut. (iii) Incised would below the left ear 1”X 1/2” skin deep. On dissection heart was found empty, lungs were congested. Time elapsed since death was within 12 hours. The death is not under challenge. It has been established that Md. Arshad Sah met with a violent death and he died due to sharp cu

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.