AHMAD KHAN Vs. STATE OF JHARKHAND WITH

JUDGEMENT

(1.) ALL the three appellants on being found guilty of committing murder of Hamida Parveen were convicted under Section 302 of the Indian Penal Code and were sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 11.3.1997 at about 8 a.m.Hamida Parveen (deceased) sent her son, Md.Sahid Khan (examined as P.W.3 in S.T.No.393 of 2000) and also other son to the school. After closure of the school, when both of them came home, they found door of the house locked from outside. They waited for their mother to come till evening but when she did not come, Md. Sahid Khan (P.W.3) as well as his brother came to the house of his maternal uncle, Md. Firoz and told him all about that. Thereupon Md. Firoz, his brother Parvej Ahmad and father Md. Yunush left home in search of Hamida Parveen but they did not get any trace of her till late night. Thereafter Md. Firoz on 12.3.1997 at about 10.15 a.m. came to Bistupur Police Station and informed the Officer -in -Charge about the missing of Hamida Parveen, upon which a Sahna was entered in the Station Diary. One Sub -Inspector, Jitendra Kumar (P.W.12) came to the place of occurrence and made enquiry from the persons residing in the neighbourhood and came to know that there had been altercation in between the deceased and other accused persons around 8 O'clock . After some time, the accused persons went away and since then, nobody had seen Hamida Parveen.

(3.) IT was also submitted that the prosecution though came forward with the case that relationship in between the deceased on one hand and the appellants on the other hand was quite bitter but has failed utterly to establish that fact, still this circumstance was taken to be one of the incriminating circumstances while recording the order of conviction which is quite illegal. Heard learned counsel appearing for the State.