JULEKHA BIBI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant criminal appeal is preferred by above named appellants being aggrieved and dissatisfied with the Judgment of conviction and Order of sentence both dtd. 24/4/2003 passed by learned Sessions Judge, Pakur in SC Case No.04 of 2002/5 of 2002 arising out of Pakur (M) P.S. Case No.91 of 2001, whereby and whereunder the appellants have been held guilty for the offence under Sec. 304 B of Indian Penal Code and sentenced to undergo R.I. for a period of 10 years.

(2.) We have already heard the arguments of Mrs. Nitu Sinha, learned counsel for the appellants and Mrs. Kumari Rashmi, learned A.P.P. for the State. Factual Matrix:-

(3.) The factual matrix giving rise to this appeal is that one Rehana Bibi (since deceased) was married with Akhtar Sheikh (appellant) about three years ago. It is alleged by informant Hamphool Bibi (mother of the deceased) that her daughter was living happily with her husband for some time but thereafter her husband started demanding Rs.5,000.00 from Rehana Bibi on instigation of his mother and brother. Due to non-fulfilment of which Rehana Bibi was subjected to cruelty, harassment and torture in various ways. It is further alleged that the informant called her son-in-law Akhtar Sheikh and assured him to fulfil his demand and she also arranged Rs.3000.00 about twenty days prior to the occurrence and sent her daughter with him and also assured to pay the remaining amount within few days. It is alleged that in the meantime, on 29/4/2001, the informant got information that her daughter Rehana Bibi has been throttled by her husband, mother-in-law and brother-in-law namely Babbar Sheikh. On the basis of above information, FIR was registered for the offence under Sec. 304B/34 of IPC against the above-named accused persons. After completion of investigation, charge-sheet was submitted. The case was committed to the Court of sessions where S.C. No.04 of 2002/5 of 2002 was registered . The accused persons denied from the charges and claimed to be tried. After conclusion of trial, impugned judgment of conviction and order sentence of the appellants was passed as stated above.