MD MOJAHID ALIAS MUJAHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 17th May, 2004 passed by the Additional Sessions Judge, Fast Track Court No. V, Saharsa by which the appellant has been convicted to undergo rigorous imprisonment for ten years under Section 304B of the Indian Penal Code and also to undergo rigorous imprisonment for two years under Section 201 of the Indian Penal Code.

(2.) The First Information Report was instituted by Md. Aijul, the father of the deceased lady Sajda Khatoon and the informant of this case alleging therein that he heard rumors that her daughter was killed by her in-laws and, therefore, he aiongwith Sk. Niyamat Ali, Md. Izhar, Md. Firoj and Mir Khwaja went to the village Palrahi where the deceased was living with her husband and in-laws and came to know that her daughter was missing from the house of her in-laws. Therefore, he went to the Police Station and lodged this First Information Report.

(3.) Altogether five witnesses have been examined in this case. Out of the five witnesses, PW-3 Karamat Ali Mia and PW- 4 Abdul Kuddus are not named in the First Information Report. The Investigating Officer has not been examined in this case and he would have able to show the circumstances in which Sajda Khatoon was killed. The case was instituted under Section 302 of the Indian Penal Code and it was only during the course of the trial that the charges were altered to one under Section 304B of the Indian Penal Code.