GAFUR MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 30.01.2003 and 31.01.2003 respectively passed by learned Addl. Sessions Judge -IV, Jamtara in connection with Sessions Case Nos. 464 of 1992 (Dumka)/ 261 of 2001 (Jamtara) arising out of Narayanpur P.S. Case No. 53 of 1991 corresponding to G.R. No. 439 of 1991, whereby the sole appellant- Gafur Mian @ Kutli Mian has been held guilty for the offence punishable under Section 306 I.P.C. and sentenced to undergo R.I. for 4 years and also to pay a fine of Rs. 5,000/-, and in default of making payment of fine, further R.I. for 6 months.

(2.) The prosecution case as it appears from the F.I.R. lodged by Md. Muslim, P.W. -6, on 28.10.1991 is that his sister Raun Bibi, who was married with Gafur Mian @ Kutli Mian was found missing from her matrimonial home since 18.10.1991. The informant made search of Raun Bibi, but he could not succeed. In course of searching his sister, Raun Bibi, the Informant, along with Hakim Mian, went to Patrodih and enquired the whereabouts of Raun Bibi (deceased) from her husband- Gafur Mian and his family members. The accused persons named in the F.I.R., instead of giving information, threatened the Informant. On further query, the nephew- Reyasat aged about 11 years told weepingly that quarrel between Raun Bibi and her husband-Gafur Mian, had taken place on 17.10.1991 and she was asked to leave the house. It was further transpired that Raun Bibi had committed suicide on 18.10.1991 by jumping on the railway track at Karmatar railway station. The Informant along with Hakim Mian went Karmatar railway station and from there to Madhupur railway station and Jamtara hospital and enquired about the dead body. A piece of saree worn by Raun Bibi recovered from the place of occurrence, was shown to the informant to which he identified and thereafter, this case was lodged against the appellant and the other accused.

(3.) Investigation proceeded ahead and after conclusion, charge-sheet was filed. The appellant with other five accused was put on trial. The prosecution had examined altogether 13 witnesses whereas the accused persons also examined 3 witnesses in their defence. The learned Sessions Judge at the conclusion of trial held the appellant guilty as aforesaid and the rest of the accused persons were acquitted from the charges.