SAFIQUE ALIAS MD SAUFI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant of this appeal has been convicted under Section 302 of the Indian Penal Code (I.P.C.) and sentenced to imprisonment for life for having committed murder of his wife Naseema Khatoon in the night of 14/15th of June, 1996 in his house at Garh Banaili within Kasba Police Station of Purnea District. The occurrence was reported by Khairunnisa, mother of the deceased, on 17th June, 1996 at 4 p.m. at the Sadar Hospital, Purnea. She stated that she learnt from some persons that in the night of 14/15th June, 1996, her son-in-law Md. Safique, the appellant here, had burnt her daughter Naseema Khatoon pouring kerosene oil and setting her on fire. She went to the appellant's house and found her daughter in burnt condition. She brought a tempo and took her to Sadar Hospital, Purnea for treatment. After two days on 17th June, 1996, she died.

(2.) On the basis of the said Fardbeyan, Kasba Police Station Case No. 145 of 1996 was registered against the appellant and investigation followed. At the end of the investigation, after observing necessary formalities, police submitted charge-sheet and the appellant was put on trial.

(3.) At the trial, the prosecution examined eight witnesses to prove its case including three official witnesses, namely P.W. 6 Dr. S.K. Verma, who had conducted post-mortem examination, P.W. 7 Bhagya Narain Singh and P.W. 8 Rajeshwar Singh, the two Investigating Officers of the case. Amongst the witnesses on the point of occurrence, P.W. 1 Ram Babu Choudhary and P.W. 3 Jarina Khatoon were declared hostile. P.W. 2 Kaushalya Devi, P.W. 4 Mumtaz Alam, and P.W. 5 Khairunnisa, the informant herself, however, fully supported the prosecution case. The appellant did not examine any witness in defence. At the end of the trial, the appellant was convicted and sentenced in the manner stated above.