ISARUDDIN Vs. ISARUDDININ DEATH

JUDGEMENT

(1.) APPELLANTS Isaruddin and Jamaluddin were called upon to explain charges for committing murder of Safeda Khatoon on or about 11th July 1993. at Village -Sarswati with Pothia Police Station, District -Kishanganj. Both of them have been convicted under Section 302/34 of the Indian Penal Code and sentenced to death by the judgment and order of the Additional Sessions Judge. Kishanganj in Sessions Trial No. 41 of 1994. Hence this appeal.

(2.) THE prosecution case as narrated by informant Gaffar Ali (PW 10) on 12.7.1993 before the Officer -in -charge, Pothia Police Station at the house of accused Isaruddin, in short, is that his sister Safeda Khatoon was married to appellant Isaruddin. But unfortunately, shortly after the marriage, she started complaining cruelty and regular assault etc. by her husband and other family members. On the day preceding Moharrani, as Safeda was assaulted by her husband Isaruddin and Hamida Khatoon (wife of the second appellant), by means of Musal, she went to her parents house to narrate the story, but the family members after consoling her sent her back to the in -laws house. Unfortunately six to seven days thereafter, i.e. on 11.7.1993, the mother -in -law of his sister informed the informant that his sister was missing from the house. The informant immediately thereafter started searching his sister and reached village -Sarswati at the evening. He found the dead -body of his sister lying in a varundah of the appellants. The informant learnt from the villagers that appellant Isaruddin and his family members having murdered his sister, had kept the dead - body in the vurandah.

(3.) PW 8 (Rajendra Prasad Sinha) is the Investigating Officer of this case. According to him. on 12.7.1994 while he was on duty at the Pothia Police Station, he heard rumour about the murder of a woman in village -Sarswati He immediately reached village - Saraswati He recorded thefardbeyan of Gaffar Ali in presence of Mukhia Abdul Khalique and one Md. Hasan (PW 4). He inspected the dead -body and found bleeding injuries on the eyes, swelling on the neck, bleeding from the mouth and nose. He also found that entire body was swollen. Both hands had blister type injuries, both legs were also injured, tongue protruded. He prepared the inquest report and sent the dead -body for post mortem through a constable, Chowkidar and one of the relatives of the deceased to Kishanganj Hospital. Thereafter, both the accused persons were arrested.