"Family Feud Turns Deadly: The Murder of Md. Mintu and the Trial of Md. Sainul & Md. Jabbar"


Introduction

This case, heard by the Patna High Court, revolves around the murder of Md. Mintu in Bhagalpur, Bihar, in December 2011. Two individuals, Md. Sainul and Md. Jabbar, were accused of his murder and later convicted by a lower court. However, their conviction was challenged before the High Court in Criminal Appeal (DB) No. 881 of 2015.

The case primarily involved family disputes, allegations of revenge, and conflicting witness testimonies. The court had to determine whether the accused were guilty of murder (Section 302 IPC) and causing hurt with a dangerous weapon (Section 324 IPC), and whether they acted with common intent.

Background of the Case

The Accused and the Victim

  • Accused No. 1: Md. Sainul
  • Accused No. 2: Md. Jabbar (brother of Md. Sainul)
  • Victim: Md. Mintu

The accused and the victim were from the same village, Ismailpur Garhotiya, Bhagalpur. There was an ongoing family dispute, which played a crucial role in the crime.

The Family Conflict

  • Md. Sainul had been married to a woman named Nadira, but after a 10-year legal battle, their marriage ended in divorce.
  • Nadira was the daughter of Md. Shamsul (a key witness in the case and maternal uncle of the victim, Md. Mintu).
  • After the divorce, Nadira was awarded financial compensation (Mehar), which may have caused resentment.
  • Meanwhile, Md. Mintu’s marriage was arranged with Nadira’s younger sister, which allegedly angered Sainul and his family.

This backdrop of family enmity and unresolved conflicts is crucial to understanding the motive behind the murder.

The Incident: December 6, 2011

On the night of December 6, 2011, around 8:00 PM, the village was observing Muharram, a solemn Islamic occasion marked by mourning. A crowd had gathered on the village road for the rituals.

According to the prosecution, the following events occurred:

  1. The Attack

    • Md. Azad, father of the accused (who later died during trial), instigated his sons to attack Md. Mintu.
    • Md. Jabbar pushed Md. Mintu, causing him to fall.
    • Md. Sainul took out a "Gupti" (a sword stick) and stabbed Mintu on the left side of his chest.
    • The wound was deep, penetrating the left lung, diaphragm, stomach, and liver.
    • The accused fled the scene, shouting that their job was done.

  2. The Death

    • Due to severe internal bleeding, Md. Mintu died on the spot.

  3. Police Action

    • Md. Nahid (Mintu’s brother) lodged an FIR at Lodipur Police Station the same night at 10:00 PM.
    • The police reached the crime scene, conducted an inquest at 7:00 AM the next morning, and sent Mintu’s body for post-mortem at JLNM Hospital, Bhagalpur.
    • The autopsy confirmed that Mintu’s death was due to hemorrhagic shock from the stab wound.

Trial and Lower Court Conviction (2015)

The case went to trial in Sessions Court, Bhagalpur (Sessions Trial No. 866 of 2012).

  • The court found both accused guilty under Section 302 (murder) and Section 324 (causing hurt with a weapon).
  • Both were sentenced to life imprisonment and fined ₹5,000 each.

They appealed this decision in the Patna High Court.

Appeal in the Patna High Court (2022)

In their appeal, the accused challenged their conviction, arguing:

  1. Lack of intent: They claimed there was no proof they intended to kill Mintu.
  2. Eyewitness reliability: The defense argued that the witnesses were biased family members, making their testimony unreliable.
  3. Alternative explanation: The accused suggested that Mintu was injured during the Muharram procession when weapons were being displayed.

High Court’s Analysis and Judgment

1. Did Mintu Die a Homicidal Death?

Yes. The post-mortem confirmed a deep stab wound in the chest, proving he was murdered and did not die accidentally.

2. Were the Accused Responsible for the Murder?

The High Court found strong evidence against Md. Sainul (Accused No. 1):

  • Eyewitness Testimony:
    • Md. Nahid (P.W.6) and Bibi Rehana (P.W.7), the victim’s brother and mother, stated they saw the attack.
    • They clearly identified Sainul as the one who stabbed Mintu.
  • Motive: The family dispute over marriage and divorce provided a strong reason for revenge.
  • Medical Evidence: The stab wound was deep and forceful, showing intent to kill.

Thus, the High Court upheld Sainul’s conviction for murder (Section 302 IPC).

3. Was Jabbar (Accused No. 2) Guilty?

The High Court found doubts in the evidence against Md. Jabbar:

  • Eyewitness accounts were inconsistent.
  • The FIR did not mention him holding Mintu, but later witnesses claimed he did.
  • The role attributed to Jabbar was exaggerated in later statements.

Since doubt existed, the High Court acquitted Md. Jabbar and set him free.

Final Judgment (2022)

Md. Sainul

✅ Guilty of Murder (Section 302 IPC)
✅ Life Imprisonment and ₹5,000 fine

Md. Jabbar

❌ Acquitted due to lack of strong evidence
✅ Released from prison

Key Takeaways from the Case

1. Importance of Motive in Murder Trials

  • The family dispute (divorce and remarriage issues) was crucial in proving that the attack was premeditated revenge.

2. Reliability of Eyewitnesses

  • The court accepted close relatives as credible witnesses but carefully analyzed inconsistencies.
  • Exaggerated statements can weaken a case (as seen in Jabbar’s acquittal).

3. Single Blow and Murder Charge

  • Even one stab wound can lead to a murder conviction if it is deep and targeted at vital organs.
  • The intent behind the attack matters more than the number of wounds.

4. Importance of Immediate Legal Action

  • The FIR was filed within hours, helping the prosecution.
  • Delays in police inquest or forensic reports can create doubts, but in this case, the timeline was reasonable.

Conclusion

The Patna High Court carefully reviewed the evidence and made a balanced decision:

  • Md. Sainul’s conviction was upheld because of clear evidence of premeditated murder.
  • Md. Jabbar was acquitted due to inconsistencies in witness testimony.

This case highlights how motive, evidence, and witness reliability shape a murder trial and how courts distinguish between guilty and possibly innocent co-accused.

पूरा फैसला पढ़ने के लिए यहां क्लिक करें:

https://patnahighcourt.gov.in/viewjudgment/NSM4ODEjMjAxNSMxI04=-qHOP--am1--lBNKt4=