MD. KHAIRUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THREE appellants were put on trial by the learned 5th Additional Sessions Judge, Samastipur after being indicted of committing offences under Sections 304B and 498A of the IPC and for being tried in Sessions Trial No.296 of 1999. By judgment dated the 29th June of 2002, the three appellants were held guilty of committing the two offences, i.e., 304B and 498A IPC. After being heard on sentence on the same day, each of the appellants was directed to suffer rigorous imprisonment for ten years on each of the two counts. The appellants have come up before this Court through the present appeal to question the correctness of the findings as regards their guilt and the appropriateness of the order of sentence.

(2.) THE occurrence was dated on 26th of July, 1996 and as per allegation it had taken place at 6 A.M. The informant Md. Shakil who was examined as P.W.5 alleged that while he was passing through the house of the appellants, while going to purchase some tea, he heard the sound of gagging emanating from the courtyard of his sister Haseena Khatoon. He out of curiosity entered inside the Angan to find that 13 persons named in the fardbeyan (Ext -1) including the three appellants had put the deceased down on the ground and were strangulating her to death. Some persons were pressing her neck, while others were catching different organs of the deceased Haseena Khatoon. P.W.5 stated that his sister was killed by strangulation by the accused persons and he raised hulla which attracted persons who saw the occurrence.

(3.) AS may appear from the facts of the case, it could initially have been registered for the offence under Section 302 IPC, but the police registered the case under Section 304B/34 IPC and took up the investigation. The investigating officer has not been examined, but the record indicates that the dead body was sent for postmortem examination which was held by Dr. Navin Kumar Verma (P.W.6) on 26.07.1996 and he could not find any ante -mortem injury on the dead body either externally or internally, as such, he preserved the viscera and opined that the cause of death could not be ascertained. It appears from the record that the viscera report was also not received till the conclusion of the trial and delivery of the judgment, but the police finding material sufficient through the statements of witnesses, sent up the present set of three appellants up for trial.