SK WAHEED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sk. Waheed alias Sk. Wahid and his wife Jaibunnisha alias Sona Devi were tried by Fast Track Court No. 3, Motihari, in Sessions Trial No. 9 or 1982 for a composite charges under Sections 302 and 201 of the Indian Penal Code. Both of them were held guilty of committing the above noted offences by the judgment delivered by that court on 26.6.2002 and were directed to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/- each and in default of payment of fine to suffer imprisonment for three months. The order of sentence which was passed on 27.6.2002 does not specify any sentence separately for the offence under Section 201 of the Penal Code. The two appellants have preferred the present appeal for questioning the propriety of the findings and sentence passed against them.

(2.) The Chaukidar of the village, namely, Jai Mangal Hazari (P.W.14) picked up a rumour that the wife of appellant Sk. Waheed alias Sk. Wahid, namely, Bibi Mohidan was not being seen in the village Bahlolpur and that she had been killed and her dead body was concealed in the night intervening 31.10.1979 and 1.11.1979 he came to the village so as to verifying the report and alleged that as soon as appellant Sk. Waheed alias Sk. Wahid saw P.W.14, he started running away. The informant attempted to chase him but could not get him as the appellant Sk. Waheed alias Sk. Wahid made good his escape. P.W.14 doubted that Sk. Waheed alias Sk. Wahid had murdered and disposed or concealed the dead body of the deceased Bibi Mohidan.

(3.) As regards the cause of occurrence, P.W.14 alleged that appellant Sk. Waheed alias Sk. Wahid had developed an illicit relationship with Sona Devi alias Jaibunnisha, appellant No. 2, when she was the wife of one Parmeshwar Turha and gave abladishments to her to abandon her matrimonial relationship with the said Parmeshwar Turha and to come to him and, accordingly, appellant No. 2 deserted her husband and her matrimonial house for which a case had also been lodged. Subsequently, appellant No. 2 Jaibunnisha alias Sona Devi got herself married to appellant No. 1 and both the appellants ill-treated and tortured the deceased so much so as to forcing the deceased Bibi Mohidan to beg for alms so as to sustaining herself. It was, lastly, alleged that on the previous day, a Wednesday, there was some quarrel between appellant No. 2 and the deceased and, as such, the occurrence had taken place. This information was reduced into writing in the form of F.I.R. which has been marked Ext. 2.