NAZAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and order dated 31.05.1994, passed by Shri A.K. Ojha, 02nd Additional Sessions Judge, Katihar, in S.T. No. 237 of 1993, whereby the appellant was convicted for the offence punishable under Sections 302/201 of the Indian Penal Code and was sentenced to undergo life imprisonment under Section 302 of the Indian Penal Code and further rigorous imprisonment for two years under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently. By the said Judgment, learned Trial Court acquitted the appellant under Section 376, 120B and 34 of the Indian Penal Code. The trial court also acquitted other three accused persons from all the charges levelled against them.

(2.) Brief facts as per the fardbeyan of SK Matiur Rahman is that his second daughter, namely, Manzula Khatoon was married to appellant Mazhar Alam and was living with her for last one year. Some days prior to the occurrence brother of the deceased had brought her to her maike and, thereafter, appellant came to the house of informant and took his wife (deceased) with himself on 22.03.1993.

(3.) On the basis of above, Abadpur P.S. Case No. 22 of 93 under Sections 302, 376, 120B, 201/34 of the Indian Penal Code was registered against the appellant and other three accused persons. Police after investigation submitted charge-sheet against the appellant under Section 302, 376, 120B, 201/34 of the Indian Penal Code.