IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.29 of 1991

[Against the judgment of conviction and sentence dated 20.12.1990 passed

by Sri Rajendra Prasad Rai, Additional Sessions Judge XII, Patna in

Sessions Trial No. 927 of 1989.]

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Md. Zaffar @ Pullu son of Md. Subhan Mian, resident of Mohalla Dargah Karbala,

Police Station Sultanganj, District- Patna.

.... .... Appellant/s

Versus

The State of Bihar

.... .... Respondent/s

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Appearance :

For the Appellant/s : Mr. Bhavesh Kumar, Amicus Curiae.

For the Respondent/s : Mr. Ajay Mishra, APP

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CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA

and

HONOURABLE MR. JUSTICE AMARESH KUMAR LAL

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

Date: 30-08-2013

The sole appellant Md. Zaffar @ Pullu has been convicted

under Sections 302 IPC and 27 of the Arms Act and has been

sentenced to undergo imprisonment for life and three years rigorous

imprisonment respectively by the learned Additional Sessions Judge

XII, Patna in Sessions Trial No. 927 of 1989 on 20.12.1990. Both the

sentences have been directed to run concurrently.

2. The case has arisen out of Sultanganj P.S. Case No. 158

of 1989, G. R. No. 1040 of 1989 and just the independence day of

1989 has passed peacefully in Patna. In the day following

independence day i.e. 16.8.1989 at 5 to 6 a.m. Md. Mehtab @ Tuntun-

Patna High Court CR. APP (DB) No.29 of 1991 dt.30-08-2013

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brother of the informant was shot dead. The matter was reported

through Fardbeyan (Ext. 1) of Md. Munmun (P.W. 4). The fardbeyan

was recorded by Harilal Ram (P.W. 9) at Patna Medical College &

Hospital. Md. Munmun has stated that at about 5-6 a.m. his brother

Md. Mehtab @ Tuntun was taking tea at the stall of Kamtaul. The

informant was also sipping tea there. At that very time Md. Zaffar @

Pullu having a revolver in his hand came running and fired upon the

back portion of the head of the informant’s brother and escaped. The

informant’s brother dropped down unconscious and died. He was

carried to the hospital but the doctor pronounced him dead. After

committing retort Md. Zaffer @ Pullu escaped through a Car bearing

registration No. MMG-4504. The injured died and the case was

registered under Sections 302 IPC and 27 of the Arms Act against the

sole named accused who is appellant here. The fardbeyan resulted into

formal FIR (Ext. 2). Inquest report (Ext. 5) was prepared. Post-

mortem report (Ext. 6) was obtained. The place of occurrence was

inspected and the investigation revealed commission of crime, so

charge-sheet was submitted. Cognizance was taken. The case was

triable by the court of session, so it was committed where charge

under Sections 302 IPC and 27 of the Arms Act was explained to the

sole appellant to which he denied and pleaded innocence and hence

the trial proceeded.

Patna High Court CR. APP (DB) No.29 of 1991 dt.30-08-2013

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3. The defence of the sole appellant was of false implication

on account of previous enmity.

4. The prosecution in order to prove the charge against the

sole appellant has examined P.W. 1 Mansoor Alam, P.W. 2 Wasim,

P.W. 3 Hanif Mian, P.W. 4 Md. Munmun, P.W. 5 Md. Zinna, P.W. 6

Md. Aslam, P.W. 7 Kamtaul Mian, P.W. 8 Mani Kant Paswan, P.W. 9

Hari Lal Ram and P.W. 10 Dr. Uma Shankar Prasad.

5. The defence has examined Ramanand as D.W. 1 and

Shailesh Prasad as D.W. 2.

6. P.W. 1 is a hearsay witness and also witness of seizure.

P.W. 4 is the informant as well as the brother of the deceased. P.W. 5

is minor son of the deceased. P.W. 7 is the tea stall vendor and at

whose shop the occurrence has taken place but he has been declared

hostile by the prosecution and he has not supported the occurrence