ISHAK ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of conviction and sentence, passed by the Additional District and Sessions Judge, Fast Track Court, Koderma in Sessions Trial No. 463 of 2003 dated 29/30th June, 2005 whereby, this appellant has been convicted for the offence punishable under Section 302 to be read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000 and in case of default of the fine he will further sentenced to undergo simple imprisonment for one year. It is the case of the prosecution that on 9.5.2002, the informant -Md Aziz (PW 4) gave fardbeyan to police that he is resident of Village Jataha and Gulshan Khatoon (deceased), who is the daughter of Tahir Hussain, who is the neighbour of the informant, was married with one Ishak Ansari of Village Bela according to Muslim rites and customs 5 years ago. After marriage Gulshan Khatoon protested against the illicit relationship of her husband with Zaina Khatoon, who is the wife of her husband's elder brother (gotni) and due to this reason she was beaten up by her husband Ishak, father -in -law Salim and Zaina Khatoon (gotni). Then the deceased complaint about the same to the informant and the informant convinced the husband and father -in -law of deceased and she started living in her in -law house. But before 3 -4 days from that day, the deceased was again beaten up by her husband, father -in -law and gotni and on complaint of the deceased, the informant and other villagers gone to the house of the deceased in -laws and convinced them and then they assured the informant that they will not beat the deceased again. The informant further alleged that day in the morning. Salim Ansari, who is the father -in -law of the deceased came to his house and informed him regarding the death of Gulshan Khatoon and when the informant asked him reason about her death then he run away from there. Thereafter, the informant and villagers Afzal Ansari, Gafoor Mian and Idrish Mian came to the house of the deceased and saw swelling around the neck of the deceased having black spot and her bangles were broken. The informant further alleged that local resident informed him that in night the deceased husband Ishak Ansari, father -in -law Salim Ansari and her gotni Zaina Khatoon murdered the deceased in her house by throttling and her dead body was kept in eastern room of the house.

(2.) FOLLOWING four witnesses were examined by the prosecution:

(3.) IT is further submitted by the Counsel for the appellant that since date of occurrence i.e. from 8.5.2002, the appellant is in judicial custody. Thus, approximately 12 years and 2 months, this appellant has already remained in jail.