LAWS(JHAR)-2021-12-68

MD. ISLAM Vs. STATE OF JHARKHAND

Decided On December 13, 2021
Md. Islam Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The marriage of Salamun Khatun with Md. Islam was performed on 16/4/2011 at village Amarpur under Govindpur police station. An information about death of Salamun Khatun by burning was given to her parents around 02:00 PM on 17/5/2011. The dead body of Salamun Khatun with severe burn injuries was found lying in Quarter No.303 at CCL Colony situated at Sunday Bazar, Neecheypatti within Bermo (Gandhi Nagar) police station of District Bokaro. A written report was given by Aiyesha Khatoon to the officer-in-charge of Gandhi Nagar police station making allegations against Md. Islam and other members of his family that the accused put her daughter to death by burning her alive.

(2.) Bermo (Gandhi Nagar) PS Case No. 57 of 2011 was registered on 18/5/2011 under sec. 304-B of the Indian Penal Code against Md. Islam, his parents and two brothers as well as their wives.

(3.) Dr. Ajay Kumar Sinha who was posted as Medical Officer at Tenughat Sub-Divisional Hospital rendered an opinion that death of Salamun Khatun occurred about 18-24 hours before postmortem examination and the cause of death was neurogenic shock. The dead body of Salamun Khatun was brought by her parents at village Amarpur and her last rites were performed by them. The Investigating Officer recorded statement of the parents and other relatives of Salamun Khatun and they all expressed their apprehension that on account of non-fulfillment of demand of a motorcycle and fridge Salamun Khatun was set on fire in her matrimonial home by her husband. The statement of Manoj Paswan who was the next door neighbour of Md. Islam was recorded by the Investigating Officer the day after registration of First Information Report. He gave a statement before the Investigating Officer that after a quarrel with her husband Salamun Khatun poured kerosene oil and set herself on fire. He further stated that Md. Islam tried to put off fire and in the process suffered burn injuries. He also informed the Investigating Officer that Salamun Khatun was rushed to hospital for the treatment.