MD KAMRAN @ AMANULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Md. Kamran @ Amanullah has been found guilty for an offence punishable under Section 304 Part-I of the IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo R.I. for one month additionally, with a further direction to the effect that the period having undergone during course of trial will be subject to set off in accordance with Section 428 Cr.P.C. vide judgment of conviction dated 14.09.2017 and order of sentence dated 20.09.2017 passed by Additional Sessions Judge, VIth, Bettiah, West Champaran in Sessions Trial No.252/2017 arising out of Bettiah Muffasil P.S. Case no.157/2015.

(2.) Soni Begum (PW.4) gave her fardbeyan on 28.03.2015 at 07:30 AM at M.J.K Hospital, Bettiah where her husband Md. Quayum (since deceased) was under going treatment disclosing therein that she happens to be second wife of her husband Quayum. First wife had already died about five years ago. Because of the fact that his first wife always remained to be ill, infirm on account thereof, at her instance her marriage was solemnized. From first wife her husband has got two sons Md. Kamran and Md. Noman and a daughter Nasrin Fatima, since married. After death of first wife, she cared all of them. Now a days, Kamran is quarreling with his father Md. Quayum over some property. Md. Noman is reading in Semra Madarsa. For the last 25 years her husband was living at Kuwait. About two months ago he has come to his house and during his stay, Kamran asked for partition whereupon, her husband has taken decision that after sale of orchard, he will purchase land in favour of Kamran and will construct a house thereupon. In the aforesaid background on 27.03.2015 orchard was sold. Sale deed has already been executed but, she is not knowing who has received the consideration amount. In the aforesaid background, yesterday evening Md. Kamran aged about 23 years, wife of Kamran namely, Noorjaha aged about 19 years and Sali of Kamran aged about 14 years indulged in quarreling with her as well as her husband and during course thereof, all of them apprehended her husband and dragged. Anyhow she got her husband separated and then, closed him in a room. At about 07:30 PM wife of Kamran got knife and handed over to Kamran. Wife of Kamran and Sali got her husband taken out from the room, caught hold him and then, Kamran gave repeated knife blow over stomach, back, chest and other parts of body as a result of which, her husband became seriously injured. At that very moment, Imteyaz Ansari aged about 22 years who happens to be friend of Kamran, came and took away Kamran over motorcycle. She along with Allauddin took her husband to MJK Hospital, Bettiah wherefrom, he was referred to Patna and in midst of way, her husband died.

(3.) After institution of Bettiah Muffasil P.S. Case no.157/2015, investigation commenced and after concluding the same, charge sheet has been submitted only against Md. Kamran @ Amanullah while Imteyaz Ansari has not been sent up for trial, keeping investigation pending against Noorjaha and Sabina Khatoon, facilitating the trial meeting with the ultimate result, subject matter of instant appeal.