RANCHI, India, Oct. 16 -- Jharkhand High Court issued the following order on Sept. 15:

1. Heard Mr. Navin Kumar, learned counsel for the appellant as well as Mrs. Priya Shrestha, learned Spl.P.P. for the State.

2. The instant appeal is directed against the judgment of conviction dated 31.10.2002 and order of sentence dated 01.11.2002 passed by learned Additional District and Sessions Judge, Fast Track, Sahibganj in Sessions Case No. 293 of 1993, whereby and whereunder, this appellant along with two other appellants, whose appeal is abated, have been held guilty and convicted for the offence under Section 304B read with Section 34 of the I.P.C. and sentenced to undergo R.I. for life.

3. The original appellant no. 1 namely, Younus Ali @ Gudha Ali, son of Rahman Sk. and appellant no. 2 namely, Sona Bibi, wife of Younus Ali @ Gudha Ali have died during pendency of this appeal and their appeal has been abated vide order dated 19.12.2024.

4. The appeal is heard in respect of sole alive appellant, Raffiqul Islam, who happens to be husband of the deceased.

FACTUAL MATRIX

5. The factual matrix giving rise to this appeal is that informant's sister Ramisha Bibi was married with present appellant Raffiqul Islam 03 years ago from the occurrence. It is alleged that on 23.08.1990 at about 5:00 PM, the informant came to know that his sister is being assaulted by her husband at her matrimonial home, then he rushed towards the place of occurrence and saw that present appellant was assaulting his sister by pressing her chest and his mother and father were abetting to kill her. It is further alleged that in the seriously injured condition, informant brought his sister to his home and was making arrangement for money for her treatment in the meanwhile, she died in the same night. It is further alleged that the accused persons were frequently demanding cow, cycle, shoes etc. from the deceased, which could not be fulfilled. Hence, she was regularly subjected to physical and mental torture.

6. On the basis of above information, Radhanagar P.S. Case No. 211/1990 was registered for the offence under Sections 304B / 34 of the I.P.C. against all the three accused persons. After conclusion of investigation, charge sheet was submitted for the aforesaid offences. The learned Judicial Magistrate, after taking cognizance of offence, committed the case to the court of Sessions, where S.T. No. 293/1993 was registered and trial proceeded against the accused persons, due to denial from charges and claim for trial.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=JWh84WYVV%2BM86K4sXzCHn41rHkVimnebU55vtvKCPLjzRTPjmGQM%2B7%2BS49WYGaKd&caseno=Cr.A(DB)/762/2002&cCode=1&cino=JHHC010004442002&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.