KHATOON BIBI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 20-5-1998 and order of sentence 21-5-1998 passed in Sessions Trial No. 265 of 1995 whereby and where under the learned 5th Additional Sessions Judge, Giridih held the appellants guilty under Section 304 (B) of the Indian Penal Code (PC) and held the appellants guilty and convicted and sentenced them to undergo R. I. for ten years.

(2.) Prosecution case in brief is that Jumman Mian gave a fardbeyan on 22-4-1994 at about 9.45 am in the courtyard of sasuraj of his sister (Gulshan Bibi) that a coal loader gave information that his sister had hanged herself and died. On that piece of information, he along with other villagers went to Ghaghra and found the dead body of his sister (Gulshan bibi) lying on cot. His sister was married with one Usman Mian three years ago and they had no issue and family members of her in-laws used- to threaten her to bring cash and articles from her naihar, otherwise they would kill her and his sister always told this thing in her naihar. His sister was always tortured, abused and assaulted by the family members of her sasural people. His sister was killed by her sasural people and Bhawani Mian died during the pendency of the case on 21 -4-1994. On this piece of information a case under Section 304(B) of the Indian Penal Code was registered and after instigation police submitted charged sheet. Cognizance in the case was taken and the case was committed to the Court of Sessions where 5th Additional Sessions Judge recorded evidence of witnesses - both oral and documentary -came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid. Altogether eleven witnesses have been examined by the prosecution. PW 1 Muslim Ansari. P. W. 2 is Jahur Ali. PW 3 is Tulsi Sao. PW 4 is Dhanraj Sao. PW 5 is Kewal Sao. PW 6 is Jumman Mian, he Is Informant of the case. PW 7 is Dr. B. P. Singh who conducted postmortem examination on the dead body of Gulshan Blbi. PW 8 is Tuplal Yadav. PW 9 is Dasrath Yadav. PW 10 is Kantu Pandit and PW 11 is the I. O. of the case.

(3.) PW 1 has come to say that informant Jumman Mian (PW6) told him that he got information that his sister (Gulshan Bibi) has been murdered. On this piece of information, Jumman Mian along with others including him went to the sasural of his sister and saw her dead body lying on the cot. He has further deposed that Gulshan used to tell the informant that she is tortured in her sasural for fulfilment of dowry such as cycle, watch and money. He has further deposed that from perusal of the dead body, it appeared that she was strangulated to death. He further deposed that Gulshan was married three years before the occurrence. He says that he had personal knowledge about the relationship between the parties as he used to be told by the informant.