JUMED KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dtd. 26/11/2018 and the order of sentence dtd. 29/11/2018 passed by the learned Additional Sessions Judge-XVI, Dhanbad in Sessions Trial No.251 of 2008, whereby the learned trial Court has convicted the appellant under Ss. 302/201 of the Indian Penal Code and sentenced him to RI for life along with fine of Rs.20,000.00 for the offence under Sec. 302 of the Indian Penal Code. The appellant was further directed to undergo RI for 7 years along with fine of Rs.5000.00 for the offence under Sec. 201 of the Indian Penal Code. In case of default in payment of fine, the appellant was directed to undergo RI for one year.

(2.) The brief facts of the prosecution case leading to this Criminal Appeal are that the informant Ali Bux Mian had given the written information with the police station concerned with these allegations that his daughter was married with Jumed Khan 20-21 years ago. After marriage, both remained happily for some time, thereafter, her husband began to torture her, for this reason, his daughter had instituted a case in the Court of Giridih, due to which, his son-in-law Jumed Khan, his samdhi Nabi Hasan and Noor Hasan, all three had assaulted his daughter and committed murder on 31/12/2007 and threw her dead body nearby the bush in order to screen themselves. On this, the FIR was lodged, which was registered as Case Crime No. 01 of 2008 with the Jogta Police Station, District Dhanbad under Ss. 302, 201/34 of the Indian Penal Code.

(3.) The Investigating Officer after having concluded the investigation, exonerated two accused persons, namely, Nabi Hasan and Noor Hasan and filed charge-sheet against the appellant Jumed Khan under Ss. 302, 201/34 of the Indian Penal Code. The cognizance was taken by the Magistrate concerned, who committed the case for trial to the Court of learned Sessions Judge, Dhanbad, who subsequently transferred the same to the learned Additional Sessions Judge, FTC-III, Dhanbad.