MD ASGAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction and sentence passed by the lind Additional Sessions Judge, Begusarai, in Sessions Case Nos. 104 of 1997/35 of 1997 whereby and whereunder both the appellants have been convicted under Section 302/34 of the Indian Penal Code file ://D :\Prograrn Files\Crirnes\database\aa\aa\2003 (2) Crimes 358 .htm 8/5/2006 and have been sentenced to undergo rigorous imprisonment for life and they have further been convicted under Section 376/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years each. Both the sentences were directed to run concurrently.

(2.) Fardbeyan of the informant Mithlesh Kumari was recorded on 22/4/1996 at 2.00 a.m. and the prosecution as unfolded in the Fardbeyan is that the informant alongwith her brother Nanda Sah aged 7 years and sister Rupan Kumari aged 10 years were sleeping in the outer room of the house and their mother Parvati Devi, deceased was sleeping on cot in the inner room. At about 11.30/12.00 p.m., the informant heard some groaning sound coming out from the room of her mother and so she woke up and went inside her mothers room to see as to what is happening inside. In the meantime, the informant saw Md. Anwar, Md. Asgar and Singheswar Choudhary coming out from the room of her mother. The informant identified them in the electric light as also in the light coming from the Petrol Pump situated besides her house. When the informant went inside the room of her mother, she saw that her mother is hanging and she was dead, She also noticed that she was in half naked position and semen was coming out from her private part. The informant, therefore, suspected that the above named three accused committed rape with her mother and also murclered haby hanging ha. The infbnnant has alleged that while leaving the house the appellant Md. Asgar assaulted her with danda causing injury on her finger and all of them threatened her that if she discloses their names to any anyone she will also meet the same fate.

(3.) The Fardbeyan was recorded by Sub-Inspector Jagdish Jha (PW 8) at 2.00 a.m. i.e. after 2/2 1/2 hours of the alleged occurrence. A case under Sections 302, 376/34 of the Indian Penal Code was registered against all the three accused named in the Fardbeyan and the police submitted charge-sheet under the aforesaid counts on the basis of which cognizance was taken and the case was committed to the Court of Sessions.