HASINA BIBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal arises out of the Judgment of conviction and order of sentence dated 17.7.1991, passed by the 4th Additional Sessions Judge, Santhal Parganas, Dumka in Sessions Case No. 423 of 1990 whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The prosecution case in short is that on 12.04.1990, the informant who happens to be the brother of Bibi Fatima (deceased), lodged fardbayan that on the preceding day, he got information through Mandhan Mian that his sister had died. On enquiry, he learnt that there was quarrel between the deceased and the appellant who happened to be her step-mother-in-law due to which, his sister has committed suicide by hanging herself.

(3.) Mr. Arvind Kumar Choudhary, learned counsel for the appellant submits that the only material against the appellant is that there had been quarrel between the appellant and the deceased and except this, there is nothing against her. He further submitted that there were other persons also in the house and the occurrence is said to have taken' place in the day hours between 11-12 noon and, therefore, it cannot be presumed that the appellant has strangulated the deceased. He also submitted that now the appellant is more than 65 years old.