MOINUDDIN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have assailed the judgment and order dtd. 31/1/2001 and 2/4/2001 passed by the learned Additional Sessions Judge 2nd Court, Murshidabad in Sessions Trial No. 8 of August of 2000 arising out of Sessions Serial No. 130 of 2000 convicting the appellants for commission of offence punishable under Ss. 302/201/34 of the Indian Penal Code and sentencing them to suffer imprisonment for life for the offence punishable under Ss. 302/34 IPC and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00 each, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Sec. 201 IPC; both the sentences to run concurrently. Prosecution case:-

(2.) Prosecution case, as alleged, against the appellants and one Kalam Sk. is to the effect that one Sufera Khatoon (the deceased) was married to Abdul Kalam on 3rd Jaistha i.e. 18/5/1986. On 28th Sravan i.e. 14/8/1986, Sufera came to her father-in-law's house to celebrate Eid. Her husband Kalam was also invited. On 3rd Bhadra i.e. 20/8/1986 Kalam and his wife left in the evening. Thereafter, Sufera was missing. Her father Abdus Sattar (PW 1) searched for his daughter everywhere but could not find her.

(3.) He lodged missing diary. On 12th Bhadra i.e. 29/8/1986 in the morning Raugila Bibi (PW 6) saw a female body floating in the water. The body was identified as that of Sufera. An unnatural death case was initiated.