ALI BUX MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard. Both the aforesaid Criminal Appeals, since arising out of the common judgment and order, were heard together and are being disposed of, by the common judgment.

(2.) The appellants, Ali Bux Mian and Md. Kamrul Mian were put on trial along with Noor Jahani Khatoon on the accusation of committing murder of Rojni Khatoon (wife of Ali Bux Mian). The trial court while acquitting Noor Jahani Khatoon, convicted both the appellants for the offence punishable under Sections 302 /34 and also under Sec. 120B of the Indian Penal Code vide judgment dated 16.02.2003 and sentenced each of them to undergo imprisonment for life for each of the offences under Sections 302/34 and Sec. 120B of the Indian Penal Code vide its order dated 17.01.2003.

(3.) The case of the prosecution is that the deceased -Rojni Khatoon having married to the Ali Bux Mian was living at her inlaws place where in due course, she gave birth of two children who subsequently died. Thereafter the appellant- Ali Bux Mian started saying that he would marry one Noor Jahani Khatoon, cousin of the accused- Kamrul Mian. The informant- Md. Ghulam Rasool (P.W.9), the brother of the deceased tried to impress upon the appellant, Ali Bux Mian not to marry Noor Jahani Khatoon. In spite of that, Ali Bux Mian did marry Noor Jahani Khatoon who started living with the deceased and the appellant- Ali Bux Mian. After some days, they started altercating with each other. The deceased was being subjected to torture by the appellant and was being forced to leave the house. Since the deceased did not leave her in-laws place, Noor Jahani Khatoon, the second wife of the appellant- Ali Bux Mian went to her parents' house. Kamrul Mian had also extended threat to the deceased to leave the house otherwise she would be done to death. It is stated that on 28.08.2000 in the early morning when the informant received information that his sister-Rojni Khatoon has been killed in the night, he came and found the dead-body lying under the pool of blood over the verandah situated outside of the room in which wife and husband were living.