MD. WASIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal under Sec. 374 (2) read with Sec. 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') has been preferred by the appellants against the judgment of conviction and the order of sentence dt. 6/9/2016 and 8/9/2016 passed by the learned Court of Additional Sessions Judge-II, Begusarai (hereinafter referred to as the Ld. Trial Judge) in Sessions Trial No. 817 of 2011 (arising out of Khodawandpur P.S. Case No. 43 of 2011). By the said judgment dtd. 6/9/2016, the aforesaid appellants have been held guilty for the commission of offence under Ss. 302/34 of the Indian Penal Code (hereinafter referred to as the 'IPC') and they have been sentenced to undergo imprisonment for life under Sec. 302 read with Sec. 34 of the IPC with fine of Rs.25,000.00 each.

(2.) The short facts of the case are that the fardbeyan of Md. Salim was recorded by the S.H.O., Khodawandpur Police Station on 25/3/2011 at 10:00 p.m. at home. In his fardbeyan, the informant, namely Md. Salim has stated that on 25/3/2011 at about 05:00 p.m. in the evening, his wife Ajrul Khatoon alongwith his younger son, Sahnawaj (PW-5) had gone to her field situated across the Bandh on the northern side for doing some work and at that time a goat and its kid belonging to her neighbor, Md. Wasim (Appellant No. 1), had entered in the field of the informant, whereupon his wife with a view to save the crops had driven away the goat and its kid from there. At that time, Md. Wasim who was grazing his goat at that place started abusing the wife of the informant as also threatened her whereafter, Md. Wasim went to his home and then wife of the informant alongwith her younger son started coming back from the field, however as soon as she reached near the bandh, Md. Wasim (appellant no. 1) holding a knife (cleaver), used to cut goat, in his hand alongwith his mother, Noorjahan (appellant no. 2) came near the wife of the informant whereupon, Noorjahan instigated Md. Wasim resulting in Md. Wasim giving a blow on the neck of the wife of the informant, leading to her sustaining injuries on her left shoulder near the arm as also lot of blood started flowing. The informant has further stated that upon hearing alarm, he and his elder daughter ran and went to the bandh where they saw that his wife was soaked with blood and was quivering in pain. Thereafter, the informant had somehow brought his wife back to the house and while they were taking her for treatment to Rosera, she died on the way. The informant has also stated that on account of Md. Wasim having inflicted dagger blow on the left arm of his wife leading to lot of blood flowing out, his wife had died. The fardbeyan of the informant was read over to the informant which he had understood and finding the same to be correct, he had put his left thumb impression over the same. After recording of the fardbeyan, a formal FIR bearing Khodawandpur P.S. Case No. 43/2011 was registered on 26/3/2011 in the night at 00:30 a.m. under Ss. 302/34 of the IPC against the aforesaid appellants.

(3.) After investigation and finding the case to be true qua the appellant no. 2, the police had submitted charge sheet on 30/7/2011 under Sec. 302/34 of the IPC and thereafter, chargesheet was also filed against the appellant no.1. The learned trial court had then taken cognizance of the offence under Sec. 302/34 of the IPC, whereafter the case was committed to the Court of Sessions vide order dtd. 6/9/2011 and it was numbered as Sessions Trial No. 817 of 2011. After taking into consideration the charge sheet and the materials collected during investigation, the learned Trial Judge framed charges under Ss. 302/34 of IPC against the appellant no. 2 on 19/9/2012 and against the appellant no. 1 on 21/10/2011. Though the trials of the aforesaid two appellants had been separated, however subsequently both were amalgamated into the present Sessions Trial No. 817 of 2011.