MD. INTEKHAB Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the judgment, dated 29.08.2013, passed, in Sessions Trial No. 387 of 2011, by the learned Additional Sessions Judge -II, Madhubani, the accused -appellant, Md. Intekhab, stands convicted under Section 302 of the Indian Penal Code. Following his conviction as mentioned hereinbefore, he has been sentenced, by the impugned order, dated 30.08.2013, to suffer imprisonment for life and pay fine of Rs. 10,000/ - and, in default of payment of fine, undergo simple imprisonment for a period of six months.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(3.) , who was, at the relevant point of time, a Chaukidar (watchman) came to learn that the dead bodies of a woman and a baby were lying on the bank of river Budhnad and, upon going there, P.W. 4 saw, lying there, dead bodies of Angoori Khatoon (wife of the accused) and Irfan, one year old son of the accused. Having learnt from his co -villagers that the accused used to suspect the legitimacy of his said child, and, having taken his wife and said son to the bank of the said river, the accused had assaulted them, administered poison to them and caused their death, P.W. 4 informed the police, at Benipatti Police Station, about the discovery of the said two dead bodies and the causes of death, whereupon police arrived at the place of occurrence and, on the basis of the information, which P.W. 4 so furnished to the police, at about 2 PM, on 23.11.2010, a fardbeyan was recorded by police and treating the said fardbeyan as First Information Report, Bennipatti P.S. Case No. 161 of 2010, under Sections 302/34 of the Indian Penal Code, was registered against the accused. During investigation, the police held inquest over the said dead bodies, which were also subjected to post mortem examinations. On completion of investigation, police laid charge sheet, under Section 302 of the Indian Penal Code, against the accused. 4. At the trial, when a charge, under Section 302 of the Indian Penal Code, was framed against the accused, he pleaded not guilty thereto.