MD ANWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 9th August, 1996, passed by the 2nd Additional Sessions Judge, Katihar, in Sessions Case No. 266 of 1995/23 of 1996, convicting appellant No. 1 Md. Anwar under Sec. 304 -B of the Indian Penal Code (hereinafter referred to as the I.P.C.) and sentencing him to undergo RI for 10 years. He has further been convicted under Sec. 201, I.P.C. and sentenced to undergo RI for three years. But, the sentence under Sec. 201, I.P.C. was ordered to remain suspended. Appellant No. 2, Abuzar Ali has been convicted under Sec. 201, I.P.C. and sentenced to undergo R.I. for three years and to pay a fine of Rs. 500 and in default to payment of fine to undergo RI for six months.

(2.) BEFORE the trial Court, in all four accused persons including the two appellants were tried for the offence under Secs. 304 -B/34, I.P.C. and 201/34, I.P.C. The trial Court, however, acquitted the other two accused after giving them benefit of doubt and only two accused -appellants have been found guilty and convicted as indicated above.

(3.) THE prosecution case in brief is that the deceased Zarina aged about 16 years, daughter of Abdul Rahman, PW -8 was married with accused -appellant Md. Anwar, about five years ago. At the time of marriage, the informant had given cycle, watch, cow, etc. to the accused in dowry. The informant and the appellants are the residents of the same village and Sk. Suleman, father of appellant No. 1, Md. Anwar, was the cousin brother of the 1st informant, Abdul Rahman. It is alleged that in the beginning, the relationship in between the parties was cordial but since two years back, the informants son -in -law Md. Anwar and his parents started pressurising Zarina for demanding from her father Rs. 10,000 in cash or a buffalo, and threatened to kill her if the demand is not fulfilled. It is further alleged that about two months ago, when Zarina came to the house of her parent, she told them about the demand and the torture including threat to be killed at the hands of the appellants for non -fulfilment of the demand of dowry. Thereafter, the informant went to his Samadhis house and requested them not to torture his daughter and told them that out of Rs. 10,000 he could manage Rs. 3,000 only which he gave to them and assured that rest of the amount shall be paid at the earliest. It is further case of the prosecution that in the evening of 5.7.1995, appellant Md. Anwar came to the house of the 1st informant and asked to perform Bidagri of Zarina. The informants wife was not present who had gone to her Naihar, but the accused -appellant, Md. Anwar was not agreeable and he forcibly took Zarina alongwith him. It is further alleged that on the same day at about 9 p.m., one Md. Muzammil Haque (DW -1) came to the house of the 1st informant and reported that while he was returning back from the Hat and reached near the house of the appellant, he heard the sound of weeping coming out from their house. He went near the court -yard of the accused house and found accused Anwar and other sons of Suleman Ali with his help and of their wife, were beating Zarina mercilessly. After receipt of this information, the 1st informant (PW -8) along with his brother, Tazimuddin and neighbours including Latifur Rahman and Sajjad Ali went to the house of the accused -persons and enquired from Suleman Ali as to why they had" assaulted Zamia. He asked them that if they were not ready to keep Zariria, she should be allowed to go back along with him to her Naihar. The accused Suleman Ali kept a mum, but his wife told that Zarina had gone out side and will return back soon. The informant and his brother waited there for a considerable time, but Zarina did not return back. They expected some foul play and started searching Zarina. During search they went near Dhabri Khan, where a co -villager, Md. Ismail (PW -11) who was fishing in the pond told them that he had seen some persons moving in a boat in the pond, and in the torchlight he identified Suleman Ali and Md. Anwar sitting in the boat and they had thrown something into the pond and thereafter they had fled away. The 1st informant went near the boat and found a plastic bag and a petty coat of Zarina lying in the boat. In the morning, they again made search of Zarina, but in vain. Thereafter, the 1st informant went to the police station and informed about the occurrence. The sub -inspector of police came to the village at 12.30 hours on 6.7.1995 and recorded the fardbeyan of PW -8, the first informant. The Investigating Officer arrested some of the accused -persons who were hiding in the Jute field. On interrogation, they confessed their guilt in presence of the villager and disclosed that they had thrown the dead body into the pond and pointed out the place where the dead body was thrown. The police searched for the dead body and recovered it from the pond in a naked condition fastened with a cycle tube. On the basis of the faidheyan of PW -8, case was registered and after investigation charge -sheet submitted. Alter commitment, the trial proceeded in the Court below.