SAHEB JAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajesh Ranjan, learned counsel assisted with Ms. Maria Nazir, learned counsel for the appellants and Mr. Abhimanyu Singh, learned Additional Public Prosecutor for the State.

(2.) In the instant appeal, the appellants have challenged the judgment of conviction and order of sentence dtd. 21/12/2000 and 22/12/2000 respectively passed by the learned Additional Sessions Judge-VIII, East Champaran at Motihari in Sessions Trial No. 125 of 2000/79 of 2000, arising out of Kesharia P.S. Case No. 040. of 1999 dtd. 10/5/1999, whereby the appellants had been convicted under Sec. 304(B)/34 of Indian Penal Code (for short "I.P.C."). For the offence under sec. 304(B)/34 IPC, the appellants had been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution case in brief is that the informant, Rahman Mian, P.W. 5 lodged information that his niece Ashma Khatoon was married to one Saheb Jan Mian, son of Jhuman Mian. After marriage Saheb Jan Mian, his father, Jhuman Mian and brother Mian Jan Mian @ Babujan Mian used to torture his niece. They used to threaten with death. They also used to state that he would marry again and at one point of time he had given them TV. On 9/5/1995 at 5 P.M., when he came to know that his niece had been killed he and maternal uncle of the girl namely Shamshudin Mian, P.W. 1 came to the house of the niece and found her dead. He saw black spot surround her neck and saw broken bangles on the bed and found the mosquito net to be torn. From the neighbours, she came to know that three accused persons had killed her and they had fled away.