NURJAHAN KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order of conviction and sentence dated 16-7-2001, passed by Sri S. H. Kazmi, learned 4th Additional Sessions Judge, Dhanbad, in Sessions Trial No. 42 of 1993, whereby and whereunder, the appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They have further been convicted under Section 201/34 of the Indian Penal Code but no separate sentence has been passed against them under this Section.

(2.) The prosecution case has arisen on the basis of the Pardbeyan (Ext. 3) of the informant HazI Abdul Hannan Khan (PW 12), recorded on 24-8-1991 at 2.00 a.m. in the night at Malkera, Qr. No. 9 Block CZ, New Colony, Katras, by A. K. Pandey, A. S. I., Katras Police Station, Camp Malkera. On the basis of the said Fard-beyan (Ext. 3) a case was registered and formal First Information Report (Ext. 4) was drawn under Sections 302/201/34 of the Indian Penal Code as also Section 27 of the Arms Act. All the appellants were charged under Section 302/ 34 and 201 /34 of the Indian Penal Code and under Section 27 of the Arms Act, Later on, the case under the Arms Act was separately tried and concluded. Hence this charge was not dealt with in this Sessions Trial against the appellants. In course of pendency of this appeal, appellant No. 1 Noor Jahan Khatoon, wife of appellant No, 2 Abdul Azij Khan, died and, as such, this appeal against her stood abated.

(3.) The informant Hazi Abdul Hannan Khan (PW12) in his Fard-beyan (Ext. 3) has alleged that his daughter Sayeeda Khatoon alias Chunni was married with Ejaz Khan (appellant No. 3) son of Abdul Azij Khan appellant No.2) three years prior to the alleged date of occurrence, who are residents of Rajganj Azad Nagar. On 23-8-1991 at 11.00 p.m. night appellant No.2 Abdul Azij Khan, his son appellant No.3 Ejaz Khan and wife appellant No. 1 Noor Jahan Khatoon (since dead) came to the house of the informant on a white ambassador car, carrying dead body of his daughter Sayeeda Khatoon alias Chunni. They informed that Chunni died due to diarrhea. The dead body was covered with cloth and was taken to the courtyard from the car. The car left the place, whose number could not be noticed by the informant. The inmates of the family of the informant started crying. On hearing the weeping and cry, the neighbours, namely, Md. Ibrahim, Mukhiya of Malkera Panchayat (PW 11), Rajesh Singh and others reached there and saw blood, on her left cheek and temporal region, having black spot of explosives. There was also blood on the left side of ear and arm, The informant suspected and when carefully saw the dead body, he found a hole on the back of the left ear, caused by fire arm. The appellants, when asked, could not give satisfactory explanation and fled away from his house. However, the villagers apprehended them. At that time appellant No.4 Shahin Khan was not with them. They also did not explain as to where he had been at that time. A child aged about one and half year, of his daughter was also with them. The informant has further alleged that prior to her death, Sayeeda Khatoon alias Chunni had narrated the torture meted out to her by her mother-in-law (since dead), father -in-law (appellant No.2), husband (appellant No.3) and brother-in-law (appellant No.4). They generally used to quarrel with her but she was sent to her in-laws' house by the informant, after giving advice, fie stated that on 23-8-1991 the appellants caused murder of Sayeeda Khatoon alias Chunni by injuring her with fire arm in their house and only to screen themselves from the legal punishment, they brought the dead body to his house.