HAIDER ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Amicus Curiae, Mrs. Renu Bala and learned counsel for the State, Mr. Ravi Prakash, learned Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 23.05.2015 and order of sentence dated 25.05.2015, passed by learned Additional Sessions Judge- 3rd, Hazaribag, in Sessions Trial No. 358 of 2008, whereby the sole appellant has been convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded imprisonment for life with fine of Rs.10,000/-, in case of default in payment of fine, further to undergo simple imprisonment for one year. In addition, appellant shall remain in jail till natural life.

(3.) The prosecution case is based upon fardbeyan of Israt Khatoon (P.W.1) recorded by S.I., E. Munda of Pelawal Out Post on 31.01.2007 at 09.00 Hours at Lederi Muhalla Pelawal. The informant has alleged that she went to see Moharram procession on 30.01.2007 (yesterday) at 6.00 P.M. and her brother and sister also went to see the procession of Moharram at Chhadwa Dam and at that time her mother Bano Khatoon (victim) aged about 40 years was alone in the house. The informant has stated that after returning from procession along with her brother they saw that the room of her mother is closed from the inside and at that time it was 9.00 P.M. The informant asked her mother to open the door, upon which her father Haider Ali (appellant), son of late Nasruddin, village- Lederi Muhalla, Pelawal asked them that they are sleeping and as such, they should also go and sleep but sound of her mother was not heard at that time. The informant has stated that today in the morning at 7.00 A.M. (31.01.2007) the informant's youngest sister, Nusrat Praveen went in the room of her mother to awake her, then she saw that door is open and her mother has sustained injury, her intestinal part has come out of her abdomen with bleeding and her mother has died, thereafter, all the children started crying. They saw a sharp cut weapon kept near the dead-body of her mother. After hearing the brawl of the informant, neighbors came there and with the help of the co-villagers they started to search their father Haider Ali but he was not found. The informant has claimed that her father Haider Ali has killed her mother while she was alone by means of Bhujali (sharp cut weapon) as they used to quarrel since before.