IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (D.B.) No. 59 of 1998(P)

(Against the judgment of conviction and the order of sentence dated 20.12.1997, passed by the learned 1^st Additional Sessions Judge, Dumka, Santhal Pargana, in Sessions Case No.99 of

1995)

Fakruddin Mian, son of Late Hakim Mian, resident of Vill.

Bhithra, P.S. Jantara, District Dumka … …. ……. Appellant

Versus

The State of Bihar (now Jharkhand) … Respondent

…

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

HON’BLE MR. JUSTICE ARUN KUMAR RAI

For the Appellant : Mr. Rakesh Kumar Sinha, Amicus

For the Resp.-State : Mr. Pankaj Kumar, P.P.

…

Order No.05/dated 20.12.2025

Per Sujit Narayan Prasad, J.

The instant Appeal is under Section 374(2) of the Code of

Criminal Procedure directed against the Judgment of Conviction and the Order of Sentence dated 20.12.1997 passed in Sessions Case No.99 of 1995 by the learned 1^st Additional Sessions Judge, Dumka, Santhal Pargana, by which, the sole appellant has been convicted under Section 302 of IPC and sentenced to rigorous imprisonment for life and was further sentenced to undergo rigorous imprisonment for six month for the offence under section 323 IPC. Both the sentences were

ordered to run concurrently.

2. The prosecution story, in brief, as per the fardbeyan dated 30.10.1994 of the informant Md. Hasim (P.W.9) of village Bhitra, P.S. Jamtara, District-Dumka is that on 30.10.1994 at about

5.30 a.m. informant’s father Md. Hayatullah (deceased) returned his home after prayer in the mosque, then informant’s niece Hakani (P.W.8) told him that accused Fakruddin Mian (appellant herein) had assaulted and fractured the leg of his duck. Then, Hayatullah (deceased) went to the courtyard-cum-Khalihan of the accused Fakruddin for enquiry and on this accused Fakruddin abused the Hayatullah and said that the duck had eaten away his paddy. Thereafter, accused started assaulting Hayatullah with fist and on this informant and informant’s younger brother Md. Alimuddin (P.W.-4) reached at courtyard of the accused. But, in the meantime accused picked up a lathi kept at courtyard and assaulted Hayatullah on his head as a result Hayatullah sustained injury and he fell down. It is further stated that accused also assaulted informant and his brother with lathi. On hearing halla, co-villagers Lalu Mian (P.W.11). Rustam Mian (P.W.2), Sikandar Mian (P.W.1) and Mudu Mian (P.W.12) arrived at the place of occurrence, then, accused fled away. They brought out Md. Hayatullah on a cot but he was dead.

3. The informant further stated that on a preceding day before the day of occurrence i.e., on 29.10.1994, there was quarrel with the accused on the question of taking water from the well then, the accused had given threat that dead body will come out from the house by the morning.

4. On the basis of the fardbeyan of the informant Jamtara P.S. Case no. 243/1994 dated 30.10.94 was registered against the accused/appellant. After investigation charge-sheet was submitted and cognizance of the offence was taken. The case was committed to the Court of Sessions.

5. Charges were framed under sections 302 and 323 of IPC against the appellant and trial was held.

6. The prosecution has examined altogether 13 witnesses and based upon the evidence and the documents available on record, particularly, post-mortem report, the Judgment of Conviction has been passed convicting the appellant under Sections 302 and 323 of the Indian Penal Code.

7. The learned trial Court, after recording the evidence of witnesses, examination-in-chief and cross-examination, recorded the statement of the appellant, find and hold the appellant guilty and convicted, in the manner as indicated hereinabove.

8. Against the aforesaid judgment of conviction and the order of sentence, the present appeal has been preferred.

Submission on behalf of the appellant

9. Mr. Rakesh Kumar Sinha, Amicus appearing for the appellant has assailed the impugned judgment of conviction and order of sentence on the following grounds:

i. Submi