JAINUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY judgment dated 6th January 2000 passed by the 3rd Additional Sessions Judge, Begusarai in S.T. No. 218 of 1999/T. No. 21 of 1999, the sole appellant Md. Jainuddin stands convicted under Section 302 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000/ - (five thousand) and, in default of payment of fine, to suffer rigorous imprisonment for six months.

(2.) THE prosecution case, as appearing in the fardbeyan (Ext. 4) of the informant Jantun Khaton (PW 5), wife of deceased Karmuddin Mian as recorded by S.I., S.D. Singh of Khodawandpur Police Station on 17th February 1999 at 11.30 a.m in Khodawandpur State Dispensary is that her husband (the deceased) was working as a tailor at Kolkata and he maintained his family by that income. The informant alleged in her Jardbeyan that her bhaisur Jainuddin (the appellant) was separate from the deceased and had his mess separate but the family of both the brothers were living in the same origan. In absence of the deceased, the appellant and her mother -in -law were abusing and harassing her because they wanted some money from the earnings sent by the deceased from Kolkata, but the informant was unable to spare any amount as the sum itself was not sufficient for the maintenance of herself and her children. That day (17th February 1999), they had come home from Kolkata and soon after he kept his bag in the house, the appellant complained him (the deceased) against the informant The deceased replied that the appellant was levelling false allegation and then both the brothers entered into a quarrel. In course of quarrel, the appellant went to his room and brought a dagger concealing the same and gave 2/3 blows to the deceased due to which the deceased received bleeding inquires on his chest and abdomen. Hearing the informants cries, Md. Nizam, Wall Mohammed, Saddiqe Mian and Md. Islam had come there and they took the deceased to Khodawandpur State Dispensary. There the doctor advised to take him to Begusarai and from there to PMCH, Patna and while he was being carried to PMCH, Patna from Begusarai. he succumbed to the injuries in the way at Samastipur.

(3.) THE informant (PW 5) deposed that on the fateful day at 10.00 a.m., she was in her house and her husband (decreased) had come from Kolkata where he worked as a tailor. She further deposed chat her bhaisur Jainuddin (the appellant) started altercation with the deceased and in course of altercation, the appellant went to his house, brought a dagger and gave two blows on the chest and then pierced the dagger in the deceaseds abdomen. As a result of the assault, the deceased became unconscious and he fell down. Then she says that on hullo, the witnesses assembled and they took the deceased to the Hospital at Khodawandpur and from there he was sent to PMCH, Patna but he died in the way. She further deposed that the Daroga had come at Khodawandpur Hospital and had recorded her fardbeyan which was read over to her and then she had put her LTI on the same. The cross -examination of this witness is brief and she has deposed in her cross -examination that the quarrel took place in the angan and she had seen the appellant assaulting the deceased. She further deposed that she had gone to Khodawandpur Hospital and then to Begusarai Hospital from there but she had not gone to Patna. She further deposed that blood had fallen in the angan. There is nothing to discredit her testimony and she is fully truthful and reliable witness.