SARFUDDIN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant, Sarfuddin Mian, has filed this jail appeal against the conviction and sentence dated 27.9.1994, passed by Shri N.K. Pd. Sessions Judge, Hazaribagh in S.T. No. 513/93 under Section 302, IPC, sentencing him to undergo R.I. for life.

(2.) THE prosecution case as per the FIR, Ext. 3, lodged by the informant.Muniza Khatoon, PW 5, of Village Nagri, PS Barkagaon, Dist. Hazaribagh, is that on 6.5.1993 she was returning home at about 11 a.m. alongwith her son, Saddam Hussain, aged about 3 years and when she reached in the gali near the house of Meghan Prajapati and Ramjan Mian, her husband -appellant, Sarfuddin Mian, went near her and asked her to withdraw the criminal case regarding the demand of dowry, instituted by her against him, falling which she and her child would be murdered. When she refused to withdraw the case, her husband, the appellant snatched the child from her and assaulted him with slippers and threw him on the ground as a result of which her child died at the spot. She started weeping and the neighbours rushed towards her and saw the child dead. Her husband (appellant) fled away from the P.O. The villagers tried to chase him but he also threatened them and fled away. He also threatened the informant that her fate will be the same as that of her child. She has alleged that her husband had resolem -nised his marriage and he was also demanding dowry from her (i.e., the informant). Regarding the demand of dowry, she had filed a complaint case in the Court in which her husband (appellant) was on bail. He was repeatedly threatening her to withdraw that case. When she refused then the alleged occurrence took place.

(3.) THE learned omicus curiae assisting the Court for the appellant, has argued that there was no intention of the appellant to cause the murder of his son. All of a sudden when his wife, the informant, PW 5, Muniza Khatoon, refused to withdraw the compiaint case then he snatched the child, Saddam Hussain, assaulted him with slippers and threw him on the ground which was not premeditated. Hence at best it attracts Section 304, Part II, IPC.