JAMIL ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. A.K. Kashyap, learned senior counsel for the appellants and Mr. Sardhu Mahto, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 2/3/2017 (sentence passed on 10/3/2017) passed by Shri M.C. Verma, learned Additional Judicial Commissioner-I-cum Special Judge, Ranchi in connection with S.T. No.56 of 2015 by S.T. No. 57 of 2015, whereby and whereunder the appellant has been convicted for the offence under Sec. 302 and 304B I.P.C. and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.5000.00 for the offence under Sec. 302 IPC, and in case of non-payment of fine, to undergo simple imprisonment for 6 months, and rigorous imprisonment for 10 years for the offence under Sec. 304B I.P.C. Both the sentences are to run concurrently.

(3.) The prosecution case arises out of the fardbayan of Afzal Ansari in which it had been stated that in the year 2010, he had performed the marriage of his daughter as per Muslim rites and customs with Jamil Ansari(appellant). After marriage, for about a year, his daughter was kept properly by her husband. However, after one year, the parents of Jamil Ansari, his brother and uncle for some reason or the other used to mentally and physically commit torture. It has been alleged that Jamil Ansari was pressurizing the daughter of the informant to bring Rs.1.00 lakh in cash and a Pulsar motorcycle instead of the CD-Dawn motorcycle given to him as dowry. The daughter of the informant was under mental tension due to the demand and torture, as stated by her, when she came to her parental house. About 2-3 days back, the daughter of the informant was sent back to her matrimonial house along with her brother. It has been alleged that, last night, the informant had come to know that the husband and in-laws of the daughter of the informant have strangulated her to death. Based on the aforesaid allegations, Mander P.S. Case No. 77/2014 was instituted against Jamil Ansari, Israil Ansari, Ayesha Khatoon, and Ismail Ansari under Ss. 302/304B/498A/34 I.P.C. On completion of investigation, separate charge sheets were submitted against Jamil Ansari, Israil Ansari and Ayesha Khatoon leading to separate cognizance orders and separate commitments to the Court of Sessions where they were numbered as S.T. No. 56 of 2015 and S.T. No. 57 of 2015. Vide order dtd. 30/6/2015, both the session trials were amalgamated. Charge was framed against the accused for the offence under Sec. 302/304B/34 IPC which were read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.