LUKMAN ANSARI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been directed against the judgment of conviction and order of sentence dated 2nd November, 2004 and 3rd November, 2004 respectively, passed by the Additional Sessions Judge, Fast Track Court No. IV, Deoghar in connection with Sessions Case No. 150 of 2004 corresponding to G.R. Case No. 135 of 2004, Karon P.S. Case No. 22 of 2004, whereby the appellant has been held guilty for the offence punishable under Sec. 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/ - and in default of payment of fine further imprisonment for one year. The case of the prosecution as it appear from the written report lodged by Daud Mian at Madhupur Karon Police Station in brief is that on 23.3.2004 the informant received death news of his niece Jhalbano Bibi. It was informed that Jhalbano Bibi has been murdered by her husband Lukman Ansari during previous night. After receiving such information, he went to the house of appellant and found deceased Jhalo lying dead having bleeding injury on her private part, near breast, thigh etc. The informant says that Lukman by means of knife caused injuries to his wife Jhalo and killed her. On the basis of written report lodged by Daud Mian Madhupur Karon P.S. Case No. 22 of 2004 dated 23.3.2004 under Sec. 302 Indian Penal Code was registered.

(2.) Charge under Sec. 302 Indian Penal Code was framed, content of the charge were read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.

(3.) To substantiate the charge the prosecution has examined altogether 16 witnesses and proved documents like post mortem report, written report, formal FIR, inquest report etc. The learned Additional Sessions Judge, Fast Track Court placing reliance on the evidence and documents available, held the appellant guilty for the offence punishable under Sec. 302 IPC and sentenced him as indicated above.