SK. JAMIL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Smriti Singh learned amicus curiae for the appellant as well as learned APP for the State.

(2.) This appeal has been preferred against the judgment and order of conviction dtd. 16/7/2012 and order of sentence dtd. 23/7/2012 passed by the Adhoc Additional Sessions Judge no. 3, Purnea in Sessions Trial no. 622 of 2009 arising out of Sadar (Dagarua) P.S. Case No. 78 of 2009, whereby the learned trial court convicted the appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced him to undergo R.I. for life and also slapped him with a fine of Rs.1,00,000.00 and in default of payment of fine to undergo R.I. for two years under Sec. 302 of the Indian Penal Code.

(3.) The factual matrix of the case is that Sadar (Dagarua) P.S. Case No. 78 of 2009 was instituted under Sec. 302 of the Indian Penal Code against accused Sk. Jamil on the basis of fardbeyan of Dafadar-12, Luxman Prasad Yadav S/o Chunni Lal Yadav recorded on 25/2/2009 at 09:45 AM at Village Meera Fulpur by S.H.O. Dagarua with the allegation, in succinct that on 25/2/2009 at around 07:30 AM, he got information that Sk. Jamil has committed murder of his wife namely, Anwari Khatoon at his house by assaulting her by means of spade. On the said information, he rushed to the house of Sk. Jamil and found the blood drenched dead body of Anwari Khatoon lying on chowky in the room of Sk. Jamil sustaining injury on her nose, cheek and head with profuse bleeding from mouth and head. Sk. Jamil was also present there. He learnt there that Sk. Jamil was skeptical about extramarital affair of his wife Anwari Khatoon with one Tawrej. In the evening of 24/2/2009, the said Tawrej has also visited to his wife resulting into altercation between the couple and due to aforesaid reason, on 25/2/2009 at around 06:00 AM, Sk. Jamil committed murder of his wife by assaulting her by means of spade. On quizzing, Sk. Jamil also divulged him that he was fed up of his ignominy due to illicit affair of his wife with Tawrej and his wife 8 did not mend her ways despite hectic persuasion made by him so he committed murder of his wife.