ANWAR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In Sessions Trial No. 96 of 2009/01 of 2012, Anwar Ansari has been convicted and sentenced to undergo RI for life under section 302/34 of the Indian Penal Code and RI for 3 years with a fine of Rs.5000/- under section 201 of the Indian Penal Code, with default stipulation.

(2.) Pathargama (Basantrai) PS Case No. 95 of 2008 was lodged on 02.06.2008 against Tabla Ansari, Suleman Ansari, Karu Ansari, Vilash Ansari, Anwar Ansari and Mangan Ansari, for committing murder of Imrana Khatoon and causing disappearance of her dead body. In his fardbeyan which was recorded on 02.06.2008 at about 11:30 AM, Md. Nazam Ansari has stated that in the intervening night of 01st/02nd June, 2008 while he had gone to the house of Md. Rafique for making dish (poori) the accused abducted Imrana Khatoon from Bahiyar where she had gone with her younger brother to ease herself. After the investigation a charge-sheet was laid against Suleman Ansari, Karu Ansari @ Kalimuddin Ansari and Atabul @ Tabla @ Tabul Ansari while the investigation against other accused remained pending. The trial against Anwar Ansari commenced in Sessions Trial No. 96 of 2009/01 of 2012 and the other accused who at some point in time had absconded faced the trial separately. But the trial in Sessions Trial No. 96 of 2009/01 of 2012 progressed only in the year 2012 when charges under sections 302/34 and 201/34 of the Indian Penal Code were framed by an order dated 13.06.2012 against Anwar Ansari who also was absconding for some time. The first judgment in Pathargama (Basantrai) PS Case No. 95 of 2008 came on 18.02.2010 in Sessions Trial No. 27 of 2009/400 of 2009 against Suleman Ansari, Karu Ansari @ Kalimuddin Ansari and Atabul @ Tabla @ Tabul Ansari.

(3.) The prosecution has examined eight witnesses during the trial but the doctor who conducted the postmortem was not examined - the investigating officer has turned up in this case as PW7. Md. Nazam Ansari, the informant is PW4, his wife is PW1 and his son, the child witness, was examined as PW2. The other two witnesses, PW5 and PW6 were tendered by the prosecution for cross-examination.