MD MOHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 12.07.1990 passed by Sessipns Judge, Darbhanga in Sessions Trial No. 15 of 1989, whereby and where-under, the sole appellant Md. Mohi has been convicted for the offences punishable under Section-302/201/364 and. 379, IPC and sentenced to undergo rigorous imprisonment for life under Section-302, IPC as well as rigorous imprisonment for five years as also rigorous imprisonment for seven years and rigorous imprisonment for two years under Sections 201,364 and 379, IPC respectively. These, sentences, however, had been directed to run concurrently.

(2.) The prosecution case is based on a written report of the informant, PW 9 (Shafi-ur -Rahman) that wherein it has been stated by him that his wife Quaraisa Khatoon was sleeping in her house on 28.04.1988 along with his maternal grandson namely, Umar @ Tuntun aged about 7 years whereas his brother Md. Khalil was also sleeping on the adjacent verandah. According to the informant on 29.04.1988 Umar @ Tuntun, his maternal grandson having met him in bathan had informed that his wife, Le. the maternal grandmother was missing whereafter he had asked his grandson Tuntun to give this information to Mr. Shabbir, his son i.e. the maternal uncle of Tuntun. The informant has claimed that he too had made inquiry about his missing wife from his brother Md. Khalil who had then informed him that at about 10 p.m. in the last night Le. 28.4.1988, he in the torch light had seen some movement near the place where the wife of the informant(his sister-in-law) was sleeping in anpther corner of the verandah and when he had made a query as to who was there, he did not receive any answer but in the moon-light he could see the appellant proceeding in a speed as also the wife of the informant also following him. The informant had also claimed on this much information having been acquired by him on 29.04.1988, he had kept on searching bis wife as also the appellant but none of the two could be found by him.

(3.) The further case of the informant is that he and his son Mr. Shabbir kept on searching of his wife and his son Md. Shabbir (P.W-8) had also gone to Calcutta and having returned from Calcutta had informed him that the appellant had gone to Calcutta to his brother Juhi and had given him Rs. 1200/- as also had informed his brother that he had left his torch and few clothes in his house as also had asked his brother Juhi to pass on this information in his village home. According to the informant, his son Shabbir had also informed that Juhi, the brother of the appellant, had revealed that the appellant having stayed for 3 to 4 hours with him in Calcutta had gone away to Delhi whereafter Shabbir his son. had also gone to Delhi in search of his mother, the wife of informant. It has thereafter been also explained by the informant that only on 05.05.1988 at about 1 to 1:30 p.m., the dead body of his wife Quairasa Khatoon was found in the grave-yard well covered by soil beneath the earth from which a part of the saree was being revealed with foul smell and on coming to know of this, more than 100 persons had gone to the grave-yard who on their return journey had informed this fact to his son-in-law, Saghir Ahmad (PW 1). As per the version of the informant his son-in-law had gone to the g;ave-yard and had identified the dead body of his wife Qurasia Khatoon only on the basis of the saree.