STATE OF BIHAR Vs. MD BADRUDDING

JUDGEMENT

(1.) The Death Reference and the Criminal Appeal aforesaid arise out of the judgment of conviction and order of sentence respectively dated 28th March 2009 and 1st April 2009 of the Additional Sessions Judge cum-Fast Track Court No.V as passed under Sessions Trial No. 1271 of 2007/Tr.No. 158 of 2007 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and he has been sentenced to be hanged by neck till he is dead.

(2.) The prosecution case depicts the story of an ill fated woman, the deceased who was killed in her house when she was there with two minor children and the husband had gone out of station for appearing at an examination for getting employment. The case of prosecution as set forth in the fard-beyan of the informant Mukund Chaudhary (P.W.5), which was recorded by S.I. Sanjit Kumar Sinha (P.W.7), Officer In-charge, Sabour Police Station on 5th June 2006 at 7:00 A.M. at the Darwaja of the house of the deceased, is that on 5th June 2006, at 6:00 P.M., he (informant) received a telephonic information that his sister Sanjita Devi (deceased) had been killed and on learning this, he came to the house of the deceased and saw that his sister, the deceased was lying dead in the Angan of the house. He has stated that Sanjita was married to Sanjay Chaudhary 15 years ago and they were living as tenants in the house of Baldeo Sah near Shitala Sthan at village Sabour. He also stated that his brother-in- law Sajnjay Chaudhary was running a poultry firm in the house for earning his livelihood. He further stated that on 2nd June 2006, his brother in-law Sanjay Chaudhary (P.W.2) had gone to Bhopal for appearing at a recruitment examination in the Railways. He also stated that he learnt from his Bhagina Lucky Kumar (P.W.4), aged 12 years and also some others of the locality that the appellant Md. Badruddin with one unknown had entered into the deceaseds house in the preceding night at 12:30 Oclock and had tried to rape her and in the attempt of rape, he had dragged her in the Angan and had killed her there by throttling her. As to the motive for the occurrence, the informant stated that some days ago his brother in-law (P.W.2) had sold his tempo bearing Regd. No. BR-10B / 0173 to the appellant and the sale money of the same had remained due for the realization of which an altercation had also taken place between them. The informant suspected that due to this grudge also the appellant committed the offence. The informant claimed that his Bhagina Lucky Kumar (P.W.4) and some neighboring persons had also seen the occurrence but any neighbor was not named in the fard- beyan (Ext-4/2). On the basis of the fard-beyan, the FIR (Ext-5) for the offence under Section 376/302/34 IPC was registered at the Police Station and the investigation commenced. On completion of investigation charge-sheet for the offence under Section 302 IPC was filed against the appellant who was put on trial as a result of which he was convicted and sentenced as above.

(3.) As many as seven witnesses were examined by the prosecution. P.W.1 Anil Kumar Chaudhary, the Mamera brother of the deceased is a resident of the locality who learning about the occurrence, had came to the P.O. and had seen the dead body of the deceased and he had also learnt about the occurrence from the deceaseds son Lucky Kumar (P.W.4) who stated as an eye witness to the occurrence. P.W.2 Sanjay Chaudhary is the husband of the deceased who had gone out-station on the date of occurrence and on getting information about the occurrence, he came back and learnt in detail about the occurrence from his son Lucky Kumar (P.W.4) who has claimed to have seen the occurrence. P.W.3 Atul Kumar Mallik is the doctor who had conducted the P.M. post mortem on the deceased. P.W.4 Lucky Kumar is deceaseds son who deposed as an eye witness to the occurrence. P.W.5 Mukund Chaudhary and P.W.6 Manoj Kumar Chaudhary (informant) are the brothers of the deceased, who had learnt about the occurrence in the ensuing morning and then they had come to the deceaseds house, P.O. where the dead body was lying. P.W.7 Sujit Kumar Sinha is the I.O.