MD. GUDDU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is preferred challenging the judgment dtd. 22/8/2022 and order of sentence dtd. 26/8/2022 passed by the learned Additional District and Sessions Judge-III, Gaya in Sessions Trial No.4 of 2020 arising out of Belaganj P.S. Case No.292 of 2019 convicting the appellant under Sec. 302 read with 34 of the Indian Penal Code (for short 'IPC'), where appellant/convict was sentenced for life imprisonment and to pay a fine of Rs.5,000.00 and in default, to undergo further imprisonment of one year.

(2.) The factual matrix of this case, as it springs from the written report of informant (P.W.-1), Safina Khatoon that marriage of her daughter Soni Khatoon (deceased) was solemnized with Guddu Shah (appellant/convict), S/o Khalil Sah of village-Laxmipur, P.S.-Belaganj, District-Gaya before nine years as of now as per Muslim Customary Rites and Rituals. It is alleged thereof that appellant/convict, who is the husband of deceased along with other family members, i.e. father-in-law, namely, Khalil Shah, mother-in-law, namely, Maimun Khatoon, brother-in-law, namely, Saddam Shah and sister-in-law, namely, Juhi Khatoon collectively tortured her daughter and also alleged for physical assault. They also threatened her to kill. She came to know on 16/8/2019 at about 2:00 p.m. through villagers that her daughter was killed by her in-laws. On said information, she arrived at village-Laxmipur, where she found her daughter dead as a result of collective assault caused by above-named accused persons.

(3.) On the basis of aforesaid written information of P.W.-1, Belaganj P.S. Case No.292 of 2019 was instituted on 16/8/2019 under Sec. 302 read with 34 of the IPC against appellant/convict along with other co-accused persons, where police after investigation submitted charge-sheet vide Charge-sheet No.270 of 2019 dtd. 12/11/2019 under Sec. 302 read with 34 of the IPC.