MOHD. MUJAHIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal has been directed on behalf of the appellant Md. Mujahir @ Mood Sprite Khan against the judgment of conviction dtd. 26/3/2018 and order of sentence dtd. 17/4/2018 passed in Sessions Trial No.104 of 2008 whereby the learned trial court held guilty the appellant for the offence under Sec. 302 and 376(2)(f) of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for the remainder of his natural life and fine of Rs.50,000.00. In default of payment of fine, the additional simple imprisonment of six (6) months was directed to undergo.

(2.) The brief facts leading to this criminal appeal are that the informant Md. Nishar had given the written information with the police 2 Cr. Appeal (DB) No. 1358 of 2018 station concerned with these allegations that on 10/1/2008 at 7 O'clock in the morning he alongwith his family members were on the terrace of the house. His younger brother Md. Mujahir @ Mood Sprite Khan called his all the three children. All the three children Mini, Moni and younger son Sufiyan all got down from the terrace. After some time Md. Mujahir @ Mood Sprite Khan asked the two children Muni and Sufiyan to go back. After some time, the informant made search of all the three children. In the meantime his father Hafij Allauddin told that Aliya Parween @ Moni had been assaulted by Md. Mujahir @ Mood Sprite Khan. He alongwith other family member got down and saw his daughter dead and Md. Mujahir @ Mood Sprite Khan fled away from there saying that he had committed murder of Aliya Parween @ Moni. He took the baby to Sadar Hospital, Chatra and doctor declared her dead. After having come back to the house informed the police with the allegations that his daughter Aliya Parween @ Moni had been throttled to death by Md. Mujahir @ Mood Sprite Khan.

(3.) On this written information Case Crime no. 12 of 2008 was registered under Sec. 302 of IPC against Md. Mujahir @ Mood Sprite Khan with the Police Station Sadar, Chatra. The investigating officer conducted investigation and filed charge-sheet against Md. Mujahir @ Mood Sprite Khan under Sec. 302 of IPC to the Court of Magistrate who committed the case for trial to the Court of Sessions Judge. The Court of Sessions Judge framed charge against the accused Md. Mujahir @ Mood Sprite Khan under Sec. 376 and 302 of IPC. The accused denied the charge and claimed to face the trial.