SHEIKH YUSUF Vs. STATE

JUDGEMENT

(1.) It is indeed an irony, we have heard this appeal after the appellant has served out the sentence of life. The appellant has been convicted of uxoricide by the 7th Additional Sessions Judge, Purnea, in Sessions Trial No. 7/1988 of 2/88.

(2.) Samsunnissan, wife of appellant S. K. Yusuf, was murdered on 20-6-1985 at village Majgaon, P.S. Jakihar (Nandgaon), District Purnea. On 19-6-85 i.e. one day prior to the occurrence, the appellant along with deceased and a child went to the house of Md. Jainuddin, brother of the deceased, on the occasion of Idd. festival. He was made a demand for money from his brother-in-law, who was not in a position to oblige the appellant. The appellant became annoyed and returned to his house on the same day at 4. p.m. On 21-6-85 in the morning at about 6 a.m., one Sk. Kalim of village Majgaon came to the Jainuddin's house and informed him that his sister had died of snake-bite and returned, Md. Jainuddin along with his brother Jainul, mother Jarina and villagers Reaz, Zuber, Siddiqui, Abbas Alam, Gyasuddin, Moinuddin, Kalim and others went to the house of his brother-in-law (appellant) at village Majgaon, Samsunnissan was found lying dead on the Varandah. On query, he came to know that Sk. Yusuf had assaulted his sister in the previous night, as a result of which she died.

(3.) Fardbeyan of Md. Jainuddin, the informant, was recorded by Fransis Toppo, the then Officer Incharge of Mahagaon police station on 21-6-85-at 12.30 p.m.