AKBAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is the Criminal Appeal against the judgment and order of 1st Additional Sessions Judge, Muzaffarpur dated 12th March, 1985 in Sessions trial No. 53 of 1985/7 of 1984 (State v Akbar All and three others), where the Trial Court held this accused-appellant Akbar Ali guilty for the commission of offence punishable under Section 302, I.P.C. and awarded the sentence of life imprisonment.

(2.) The other three co-accused Mohammad Hussain, Ahmad Ali alias Ali Mohammad and Samsa Khatoon - brother, brother-in-law and sister of this accused-appellant were acquitted by the Trial Court. These three co-accused were charged for abetting the murder under Section 302 read with Section 109, I.P.C. The Trial judge found that the talk of the co-accused was in low tune and the same could not be heard by the prosecution witness and thus the charge of abatement of the commission of murder was not proved beyond doubt against the three co-accused.

(3.) According to the prosecution case, the deceased Sakina Khatoon, daughter of Md. Abbas was married with this accused-appellant Akbar Ali two years back and in that marriage father of the girl gifted ornaments and valuables worth Rupees five thousand which the daughter Sakina Khatoon brought while she came to live with her husband Akbar Ali; that this accused appellant Akbar Ali sold the ornaments of his wife Sakina and this resulted in dirences between Sakina and her husband Akbar Ali and her husband Akbar Ali chestised his wife Sakina at times; and coming to know this chestisement of his young daughter Sakina, the father Md. Abbas moved a petition - Exhibit-8 in the Court of the Magistrate under Section 97 of the Code of Criminal Procedure for recovery of his daughter Sakina from the house of her husband Akbar Ali; and the Magistrate being satisfied issued a search-warrant - Exhibit-11 on 3rd November, 1982; Smt. Sakina was produced before the Magistrate and she expressed her desire to go with her father to live at her father's house, and on 22nd November, 1982 her father Abbas Ali gave a sureity bond- Exhibit-9 to the Magistrate and took his young daughter Sakina to live at her father's house.