The guilt of the accused must be proved beyond any reasonable doubt, and the accused is presumed innocent until proven guilty.

JUDGMENT :

Sujit Narayan Prasad, J.

The matter has been heard at length with the consent of learned Addl. Public Prosecutor and the same is being disposed of. However, none represented the respondents.

2. The instant appeal preferred by the State-appellant is against the judgment of acquittal dated 08.08.1994 passed in Sessions Trial No.140 of 1987 by the 6th Additional Sessions Judge, Dhanbad.

3. This Court before scrutinizing the legality and propriety of the impugned judgment of acquittal, deems it fit and proper to refer the prosecution story in brief as per the statement made by the informant in the fardbeyan, wherein, it has been reported that on 22.05.1985 at 10:00 a.m., the informant along with his son Md. Anjar and his companion Md. Nasiruddin, were going to bring medicine for his ailing daughter. They were passing through Kawaripatti Mohalla. When they reached in the said Mohalla near the book shop of Sri Jauhar, the family members of Md. Hafiz and his men all of a sudden fell upon them. Among them, the informant could identify Md. Tarique @ Romi, Hanif both sons and brother respectively of Md. Hafiz, Sahabuddin @ Sahab, Bhagna of Md. Hafiz, Naim Alam son-in-law of Md. Hafiz, Mustaque, Intiyaz Khan, Istier Khan, Tulsi Pd. Singh, Laxman Chourasia, Md. Hasim, Md. Reyaz, Asraf and Md. Mustque.

It has been alleged that all the accused persons all of a sudden caught hold of Md. Anjar and accused Tarique @ Romi pressed the neck of Md. Anjar. Some of the assailants got upon the chest of Md. Anjar and started jumping upon his chest. The informant and Md. Nasiruddin after seeing the seriousness of the situation had run away to hide themselves. At the time of assault, the assailants were saying that this was the person, who had shot at Md. Hafiz, Ward Commissioner, by a pistol and identified the Md. Anjar to be the assailant.

It has been stated that two hours thereafter, the informant could understand clearly the situation and started searching of his son going to the Kawaripatti. Then, he learnt that the aforesaid assailants had committed murder of Md. Anjar by pressing the neck and jumping over his chest and the dead body was taken away by the Police to Sadar Hospital. The informant also came to know when the Police lifted the dead body, Md. Anjar had breathed his last before reaching to the Hospital. When the informant reached to the Sadar Hospital, the Police had already sent the dead body for post mortem.

It has been alleged that another son of the informant, namely, Asgar was murdered by one Samim, the nephew of Md. Hafiz with the help of some associates and as such, there was old enmity. The assailants had suspected that the brother of Asgarh might take revenge and therefore, were in a look out to kill Md. Anjar, brother of Md. Asgarh. The informant thereafter had alleged that he learnt that someone had shot at Md. Hafiz and when he was taken to Hospital, he saw the informant, his son and companion and called his men to assault. Therefore, the informant claimed that his son was killed by Tarique @ Romi and others as named above at the instigation of Md. Hafiz.

The aforesaid statement has subsequently been registered as First Information Report before the Dhanbad Police Station being Dhanbad P.S. Case No.243/85.

The matter was investigated and charge-sheet for commission of offence under Sections 147, 149 and 302 of the Indian Penal Code was submitted against the accused persons, namely, Md. Tarique @ Romi, Reyaz Ahmed, Md. Masruf, Tulsi Prasad Singh, Laxman Pd. Chourasia, Md. Hanif, Md. Mustaque, Md. Istier Khan, Md. Hafiz, Naim Alam, Imteaz Khan, Md. Hasim and Shabuddin @ Sahab. The case was committed to the Court of Session. The accused persons have denied all the charges and pleaded not guilty. The trial Court had framed against the accused persons except accused Tarique @ Romi and Sahabuddin, who died before framing of charge as also Md. Hasim, who did not turn up and his case had been split for separate trial.

The trial Cour