MD. KARE @ MD. ASFAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Md. Kare @ Md. Asfak on account of having been convicted for an offence punishable under Sections 366 IPC, 504 IPC, 506 IPC and sentenced to undergo RI for 10 years as well as fine of Rs. 10,000/- payable to the victim and in default thereof, imprisonment of one year additionally, imprisonment of two years respectively under each head by Additional Sessions Judge-2nd, Naugachia, Bhagalpur vide judgment of conviction dated 25.03.2015 as well as order of sentence dated 04.04.2015 in Sessions Trial No. 372/2013, filed the instant appeal.

(2.) PW-3, Md. Sakil Naddaf filed a Complaint Petition Bearing No.363/2012 which was sent to the concerned police station for registration and investigation in accordance with Section 156(3) of the CrPC having an allegation that on 105.2012 at about 3.30 AM while he along with his wife and children were sleeping, one Bolero Vehicle parked and then, thereafter, Md. Kare @ Md. Asfak began to call his wife and further, instructed to rush quickly. He begged his wife not to indulge in such kind of activity as it will cost his prestige in the society whereupon, Md. Kare @ Md. Asfak threatened and then, Rukhsana Begam accompanied Md. Kare @ Md. Asfak who took out ornaments, cash appertaining to Rs. 1500/-. The complainant had not spoken to anybody regarding the occurrence but on 28.05.2012 at about 6:00 PM, while he was returning from Lattipur Chowk after taking vegetables he saw, Md. Kare @ Md. Asfak whereupon, he enquired about his wife as well as requested to release so that she could look after her four children over which, again Md. Kare @ Md. Asfak threatened. It has also been disclosed by him that he will keep his wife according to his wish and desire. It has further been disclosed that even before 105.2012, accused, Md. Kare @ Md. Asfak had taken away his wife several times and after spending 2-4 days with her, returned her to his place. Even on Panchayati, accused was scolded and was instructed by the members of Panchayat that he should not indulge in such kind of nefarious activities but he did not pay heed to it. Furthermore, a disclosure has also been made that he had gone to police station but the police had declined to register a case.

(3.) On the basis of the copy of the complaint, on receipt of the copy of complaint petition, Bihpur PS Case No. 288/2012 was registered under Sections 366, 504 and 506 IPC and took up the investigation. After completing the same, charge-sheet was submitted which ultimately paved the way of trial meeting with the ultimate result, the subject matter of the instant appeal.