FARID Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 498A IPC and sentenced to RI for two years by the Sessions Judge, Katihar in Sessions Case No. 32 of 1994 by judgment and order dated 14.09.2001. The case of the prosecution according to the Informant, Dabiruddin is that his daughter was married to one Kamrul Hoda i.e. the brother of the Appellant about 26 years back. However, she was always beaten by her husband over minor matters on account of which panchayati had been held but her condition did not improve. She also gave birth to a child about a month back and became very weak despite which she was beaten up by the Appellant and also her husband on account of which her condition deteriorated to the extent that she had to be brought to his house. Later on she died hence charge -sheet was submitted under Sections 302 /498A IPC. The Appellant was also tried for the said offence but acquitted of the same and convicted as mentioned above.

(2.) DURING trial the prosecution examined twelve witnesses. P.W. 1, Md. Asad and P.W. 4, Md. Soyeb Alam have been declared hostile. P.W. 2, Jagdeo Thakur @ Jagdish Thakur, P.W. 7, Faiyaz, P.W. 12, Sabhapati Yadav are formal witnesses.

(3.) P .W. 5, Md. Alam who is a resident of Azamnagar has stated that he knew that accused persons used to assault and torture the deceased on account of which a panchayati was held and the deceased was taken to her parents' house by the brother. However, in his cross -examination he admitted that he could not state the details of the assault by the Appellant. He also admitted that after delivery Mohsina went in her maternal home where she later on died.