MUNNA ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Munna Alam, who was tried for the offence under Section 302 of the Indian Penal Code was found guilty by the learned Sessions Judge, Vaishali at Hajipur by the judgment impugned herein, which is dated 26.7.2003, and was passed in sessions trial No. 454 of 2001. The appellant was directed to suffer rigorous imprisonment for life. He appeals against the finding of guilt and order of sentence to this Court.

(2.) The prosecution case is very short as it appears contained in Ext. 1 the fardheyan of PW-5 who was the father of the deceased, namely, Hasibul Khatoon. It is stated that one Jamshed son of Khalil resident of village Mirjapur came to PW-5 to inform him that he was required at village Mariyara in connection with any work. The informant came to village Mariyara and found that the appellant had murdered his daughter, his wife PW-5 was told by Md. Muslim (PW-1) the father of the appellant, and Kuraisha Khatoon (PW-4) mother of the appellant about the incident. It was stated by PW-5 that the deceased was married only on 10.3.2001 to the appellant and why the crime was committed was not known to him.

(3.) On the basis of Ext, 3, the first information report of the case was drawn up and investigation was taken up. It appears that on the closure of the investigation and on finding the materials sufficient, the appellant was sent up for trial which ended in the impugned judgment of conviction and sentence and which ultimately gave rise to the present appeal.