MOBIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 29.3.2003 and order of sentence dated 01.4.2003 passed by 5th Addl. Judicial Commissioner, Ranchi in Sessions Trial No. 638 of 2000 whereby the appellant has been convicted under Section 302 and 201 of the Indian Penal Code and has been sentenced to undergo R.I. for life under Section 302 I.P.C. and R.I. for three years under Section 201 I.P.C.

(2.) THE brief facts of the prosecution case is that the deceased Taimun Khatoon, daughter of informant Riyasat Ansari, resident of Village Bijuliya, P.S. Ratu, District - Ranchi, was married to the accused -appellant Mobin Ansari, resident of the same village four years ago as per the Muslim rites and custoMs. Prior to this marriage, the appellant was already married with another lady. The prosecution further case is that the accused -appellant started harassing the deceased -daughter of the informant. It is alleged that five days prior to the occurrence, the accused dropped the deceased to her parents' house and returned. On 01.5.2000 at about 7.00 p.m. accused came to the house of the informant and told him to allow his wife to go with him as he had to surrender in Court in a particular case on 02.5.2000. The informant then inquired from his daughter Taimun Khatoon, now deceased, who agreed to go with him and thereafter, they sent her off with the accused. Further case of the prosecution is that on 02.5.2007 at 7 00 a.m., the informant went to the house of the accused and inquired about his daughter. Then the father of the accused, namely, Rafique Ansari, and his mother told the informant that the accused had not come with his wife in the house. On being suspected, the informant started inquiring in the village. Then he learnt that a dead body of a girl was floating in the well belong to Mustaquim Ansari. The informant along with his family members went there and in the meantime, police had also reached. The dead body was taken out from the well which was identified to be the dead body of Taimun Khatoon, his daughter. It is alleged that accused after having murdered her by strangulation threw her dead body into the well. On the basis of the fardbeyan of the informant, a case was registered in the Ratu Police Station being Ratu P.S. Case No. 45 of 2000 under Sections 302, 201 I.P.C. The Investigating Officer after investigation submitted charge -sheet under Sections 302, 201 I.P.C. against the accused and cognizance was taken and finally the case was committed to the Court of Sessions.

(3.) BEFORE the Sessions Court, the prosecution examined six charge -sheet witnesses. The informant Riyasat Ansari was examined as PW.4 who is father of the deceased. In his deposition, he has reiterated what he had stated in his fardbeyan. Narrating the incident in his evidence, he deposed that his daughter Taimun Khatoon was married to the accused four years back. Five days prior to the occurrence, the accused dropped her in his house and returned. In the evening of the date of occurrence, the accused came to his house and requested him to send his daughter with him. Accordingly, the informant allowed his daughter to go with the accused. The informant further stated in his testimony that the accused used to maltreat his daughter. So in the next morning, he went to the house of the accused to meet her. But the mother of the accused told him that the accused and his daughter (deceased) have not returned her house. The informant then narrated the incidence to the villagers who told that the dead body of a girl was floating in the well. Then, the informant along with his family members went there. The police also arrived there and the dead body was taken out from the well which he identified the dead body of his daughter.