MOHAMMAD MAHIRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Md. Mahiruddin, Sk. Jahiruddin, Md. Tamizuddin and Bibi Bhugania wife the Sk. Sirajuddin have been convicted under S. 302/34 of the Indian Penal Code (for short I.P.C.) and have been sentenced for life.

(2.) Sk. Sirajuddin is the father of the appellants 1 to 4 and husband of appellant No. 5. He is also husband of Bibi Matluwa who is said to have been killed in this case by-throttling. The informant - Abdul Rauf (P.W. 11) is the brother of Bibi Matluwa. He gave fard-beyan (Ext. 3) on 19-2-1982 at 19.30 a.m. at the house of Sirajuddin in village Shikarpur police-station Kasba district Purnia. He has said that his sister was married in Shikarpur village with Sk. Sirajuddin and she used to live with him in village Shikarpur. On the morning on 19-2-1982 at about 6 a.m. Hafizuddin son of Sk. Sirajuddin came with his servant and gave out to him that his (informant) sister had died. His Bahnoi (Sirajuddin) was with him in village Tolli. On this information the informant went on cycle to the house of Sirajuddin and saw the dead body of his sister lying in the north and a palla of kothi was lying on her chest and the sari, which she was wearing was tied round her neck. He removed aside the palla of kothi and on removing sari saw black spot round the neck and black spot on the back which showed that she had been killed. On enquiry, the neighbours said that there was no hulla. His brother-in-law has got two wives. From the first wife he has four grown up sons. His sister (deceased) has two months old daughter. With the elder wife of Sirajuddin his (informant) sister used to quarrel and the first wife was helped by her sons. The informant said that his sister had been killed by the first wife of Sirajuddin and her sons. On the basis of this fard-beyan the first information was registered on l9-2-1982 at police-station Kasba. The investigation was taken up by the Sub-Inspector of Police B. N. Singh (not examined as witness). During the course of investigation inquest report (Ext. 1) was prepared and dead body was sent to Sardar Hospital Purnia where post mortem examination was held by Dr. Anand Kishore Choudhary (P.W. 1) on 20-2-1982 who gave the post mortem report (Ext. 2). After examination of witnesses and completing investigation charge-sheet was submitted against the five appellants.

(3.) The accused in defence, denied the prosecution case and alleged that they have been falsely implicated. No witness in defence has been examined.