ATAUL HAQ Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises out of judgment of conviction dated 17.01.2015 and order of sentence dated 19.01.2015 passed by Sri Anil Kumar Jha, Additional Sessions Judge, IV, Aurangabad, in Sessions Trial No. 356 of 2012/248 of 2012 by which the appellant had been convicted for offence under Sec. 304B of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years.

(3.) The prosecution case as alleged in the First Information Report instituted on basis of written report of informant Akbar Hussain alleging therein that he had married his sister Ishrat Jahan with Ataul Haq @ Md. Attaullah, son of Late Sadique Mian, resident of Village - Parasia, P.S. Nabi Nagar, District -Aurangabad, about one year before. Further case is that after marriage, Attaullah used to demand of Rs. 1,00,000/ - for running his medical shop. Further case is that Attaullah used to assault and vex the victim Ishrat Jahan for non -fulfillment of demand. Further case is that even two months prior to the occurrence while Ishrat Jahan was in family way, she was assaulted causing termination of her pregnancy. Further case is that informant and villagers collected there and made them understand. Further case is that Attaullah used to threat her that if money is not given then she will be killed. Further case is that on 10.05.2012 at 10.00 P.M. the informant learnt that victim Ishrat Jahan died by administering poison, then Attaullah inform but subsequently it was learnt that Taufiq Mian, Hassan Mian, Attaullah and Rehana Khatoon in collusion and conspiracy had murdered his sister Ishrat Jahan.