FAKHRUDDIN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have preferred this Cr. Rev. for setting aside the impugned order dated 6.4.2004 passed by the 1st Additional Sessions Judge. Garhwa, whereby he permitted the prosecution to add charge under section 3046 lPC against the accused persons exercising the provisions of Section 216 Cr. P.C. in S.T. No.195 of 2001/86 of 2002.

(2.) THE prosecution story, in short, was that the complainant Mustaque Khan presented a complaint Case No. 560 of 1999 in the Court of CJM, Garhwa alleging inter alia against the petitioners and others that he had married his daughter Nausaba Khatoon with the petitioner NO.1 Fakhruddin Khan in the month of May. 1996, according to their personal customs and after marriage she went to her matrimonial home where she lived peacefully for about one and half years. It was further alleged that thereafter the petitioners started putting pressure upon his daughter asking that certain piece of lands be transferred in the name of her husband and when such demand could not be fulfilled. they started perpetrating torture to Nausaba Khatoon in various manner, mentally and physically. It was further alleged that one of the brothers of the complainant was issueless and when he expressed his willingness to dispose of his house of Sarcany, the accused persons finding opportunity mounted pressure upon the deceased Nausaba Khatoon to ask her father to impress his brother to execute such transfer in the name of her husband. When their demand could not be fulfilled. the misery of the deceased multiplied and ultimately, it was alleged, that all the accused persons including the petitioners, with the meeting of their minds committed murder by administering poison to -her. The complainant was informed about the death of his daughter at Ranchi Hospital and he was apprised that she vomitted after taking medicine and she died during her treatment. When the case was not instituted at the police station in spite of the post mortem examination, the complaint case

(3.) MR . Jerath further pointed out that after examination of about 16 witnesses, out of them 13 were unfavorable to the prosecution, a petition was filed by the prosecution under section 216 Cr. P. C. for addition of charge under section 3046 of the Indian Penal Code against the five accused persons and the same was allowed by the impugned order which is under challenge.