MD ASLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against judgment dated 22nd May, 2002, and the order dated 27.05.2002 whereby the learned Additional Sessions Judge, Kishanganj has held the sole appellant guilty u/s. 302 of the Indian Penal Code in Sessions Trial No. 205/2000 and has awarded life imprisonment and a fine of Rs. 5,000.00.

(2.) In brief the prosecution case is that the deceased Safura Khatoon was married to appellant Md. Aslam since about three years prior to the occurrence and he used to assault the deceased often. According to the fardbeyan of P.W. 9 Md. Jamal recorded by Sub-Inspector S.N. Singh of Kurli Court Police Station on 9.11.98 at 18.00 hrs. at the place of occurrence, on that date at about 12 in the noon the informant, a brother of the deceased had come back from work to take his lunch and he heard sound of quarrel and crying. He ran to the house of his brother-in-law, the appellant and saw his sister being assaulted by the appellant in a cruel manner with Danda, fists and leg. Soon his mother (P.W. 8) and brother Kamlesh, (P.W. 7) also arrived there alongwith some villagers. The deceased disclosed that she had been badly assaulted and she may not survive. Thereafter she became unconscious. She was taken for treatment to Thakurganj hospital but the doctor advised to go to Siliguri. While going to Siliguri on a jeep, the sister of the informant died in the way near Sannamati bridge. Her dead body was brought back to the house of the appellant. The informant's mother looked at the back of the dead body and found marks of assault by Danda. The brother-in-law of the informant alongwith other members of the family fled away. The death had allegedly taken place at about 3 P.M.

(3.) After recording the fardbeyan and lodging Thakurganj (Kurli Court) Police Station Case No. 144/98, P.W. 10 Sachidanand Singh investigated the case as its Investigating Officer. He inspected the place of occurrence which was shown to be the house of the appellant. He found the dead body kept there. He prepared the inquest report. Ext. 3 and recorded the statement of witnesses. He found that the accused had absconded from his house. He sent the dead body to Kishanganj Sadar Hospital for postmortem and later collected the postmortem report, Ext. 5. On finding the case true against the appellant chargesheet was submitted accordingly. After cognizance case was committed to the Court of Sessions where the appellant denied the charge and claimed to be innocent. After trial he has been convicted and sentenced as noticed earlier.