KAMRUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Cr. Appeal (D.B.) No.767 of 2016 is directed against judgment of conviction and sentence passed in S.T. No.440 of 2013 and Cr. Appeal (D.B.) No.777 of 2016 against S.T. Case No.118 of 2013, whereby and whereunder the appellants have been convicted and sentenced under Sec. 302/ 34 IPC. Both these cases arise out of Hazaribagh Sadar P.S. Case No.699 of 2012 and were heard together and disposed of on the same day by separate judgments. Since both the appeals arise out of almost identical facts, therefore, they are heard together and will be disposed of by a common judgment.

(2.) Informant is the father of the deceased who was married to Naushad Ali (appellant), son of Md. Kamruddin @ Kallu Mian (appellant) about nine- ten years before the incident. It is alleged that appellants and the other in-laws subjected the daughter of the informant namely, Rajia Khatoon to cruelty in reference to unlawful demand. They used to extend life threat to her and in this regard, three months before the incidence, a Panchayati was also held. On 17/8/2012, that appellants and some other co-accused persons, strangulated her to death by hanging, taking advantage of time when others had gone for the Friday prayer.

(3.) On the basis of the written report of brother of the deceased Saukat Ali, Hazaribagh Sadar P.S. Case No.699 of 2012 was registered against the appellants and other co-accused persons under Ss. 498A/304B /34 of the IPC and Ss. 3 /4 of the D. P. Act. Police on investigation submitted charge-sheet against both these appellants. Appellants, Kamruddin @ Kallu Mian and Md. Naushad Alam were put on trial in S.T. No.118 of 2013, whereas Md. Ishtekar Alam @ Sonu was put on trial S.T. Case No.440 of 2013, under Sec. 304B IPC with alternative charge under Sec. 302 IPC.