MARIYAM KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH all appelats suffered conviction under section 304B of the Indian Penal Code (IPC), while aplellant Sk. Basir, Sk. Shahid, Sk. Afi and sk. Jamil Ahmad were sentenced to suffer nprisonment for life, Mariyam Khatoon and Hasina Khatoon, being female members and also in view of their age, were sentenced by the trial court to suffer rigorious imprisonment for a term of ten years only. All the appellants were also convicted under section 201 IPC for which they were ientenced to suffer rigorous imprisonment or a term of two years, with a rider that all the sentences shall run concurrently.

(2.) ALLEGEDLY , after Shiba Khatoon was parried to Basir Ahmad, her happiness was short -lived, as in - laws became hostile to her for failure of her parents to make provision of sufficient dowry to them. Harassment and torture continued to be meted out to her, as her parents could not make provision of Rs. 40,000/ - for construction of a house, and eventually, information about tragic end of Shiba Khatoon was received by the parents, pursuant to which her dead body in a gunny bag floating in a local river was noticed. After a Police case had been instituted, investigation followed, evidences were collected, inquest report over the dead body of the deceased was prepared by the Police Officer and post mortem was conducted by the doctor, and on conclusion of investigation. Police laid charge sheet before the Court.

(3.) THOUGH quite a good number of witnesses were examined by the prosecution to establish charges against the appellants, we have noticed that either many of them had turned volte face to the State or even those, who had made endeavours to establish guilt of the appellants, had failed to establish death of the deceased within promixity range of "soon before her death". A brief narration of evidences of the witnesses can, however, be noticed. Sk. Vajul (P.W. 1) did not know the cause of death of Shiba Khatoon, and similar has been the evidence of Lakshmi Sah (P.W. 3). Evidence of Md. Gyasuddin (P.W. 4) too was not on a better footing, as he too did not know as to how Shiba Khatoon had died. We may refer to the evidence of Md. Ayub (P.W. 5) also, who exhibited his complete ignorance about cause of death of Sabina Khatoon. Almost similar had been the evidence of Sk. Gaffar (P.W. 2) and Bibi Safidan (P.W. 8) also.