BANGALI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This appeal is directed against the judgment of conviction dated 14.6.2002 and order of sentence dated 17.6.2002 passed by Shri Lakshman Sinha, Additional Sessions Judge, Fast Track Court No. III, Gopalgani, in Sessions Trial No. 67 of 1989/36 of 2002. The learned Additional Sessions Judge has convicted both the appellants for the offence under Sections 306 and 201 of the Indian Penal Code (in short, IPC). He has sentenced the appellant Mahanth Mian to R.I. for 10 years for the offence under Section 306 IPC and R.I. for 3 years for the offence under Section 201 IPC with the order to run both the sentences concurrently. He has sentenced the appellant Bangali Mian to R.1. for 5 years for the offence under Section 306 IPC and R.I. for 2 years for the offence under Section 201 IPC with the order to run both the sentences concurrently.

(2.) AINUL Mian son of Sukhari Mian of Village Nirialha, P.S. Gopalpur, District-Gopalgani submitted written report dated 9.1.1988 to the Officer Incharge, Bhore Police Station, alleging therein that he married his daughter Mobina Khatoon to Mahanth Mian son of Bangali Mian of Village Kharpakwa. P.S. Bhore, District - Gopalganj about 15 years ago. His daughter has got a son aged about 8 years. It is alleged that yesterday on 8.1.88 at about 10 AM he came to know from a person of village Kharpakwa that on 7.1.88 at about 4 PM quarrel took place between the ladies for household matter for which his son in law Mahanth Mian and his father Bangali Mian assaulted his daughter brutally and in consequence thereof his daughter out of annoyance and out of fear of further assault jumped into the well in the southern side of the house. When she was taken out from the well, she was found dead. His daughter was buried in the graveyard by her husband and father in law. A case under Sections 306 and 201 IPC was registered against both the appellants. After investigation chargesheet was submitted under Section 302 and 201 IPC. Cognizance of the offence was taken and the case was committed to the court of sessions.

(3.) AFTER trial for the offence under Sections 302/34 and 201/34 IPC the appellants were found guilty under Sections 306 and 291 IPC and they were convicted and sentenced as stated above.