RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 27:

1. Heard Mrs. Juhi Kumari, learned Amicus appearing for the appellant and also Mr. Rajveer Singh and Mr. B. N. Ojha, learned Spl.P.P.

2. This appeal is directed against the judgment of conviction and order of sentence dated 22.05.2002 (Sentence passed on 23.05.2002) holding the appellant Asif Equwal guilty of offence under section 302 of the Indian Penal Code passed by Shri Ramanuj Narain learned Additional Sessions Judge-VII, Palamau at Daltonganj and thereby sentencing him to undergo imprisonment for life along with a fine of Rs.5000/- in default of payment of fine, he was further directed to undergo simple imprisonment for three months.

3. The prosecution case was instituted on the basis of fardbeyan of the informant Halima Bibi alleging therein that on 10.02.1999 at about 10:00 A.M., there was some dispute between her husband, Amir Hamza and the accused persons over construction of house under Indira Aawas Yojana. It is alleged that during the quarrel, the appellant Asif Equwal, stabbed her husband, due to which he succumbed to his injuries and when the informant tried to intervene, the accused persons also assaulted her by lathi with the intention to commit her murder.

4. After investigation police found the occurrence to be true and submitted charge-sheet against the appellant on 28.02.1999 under sections 323/ 324/ 307 and 302 of the Indian Penal Code. The cognizance of the case was taken by the learned C.J.M., Palamau at Daltonganj on the same day under the aforesaid sections. This case was committed to the court of Sessions by learned C.J.M., Palamau on 23.05.2000 as it was exclusively triable by a Court of Sessions.

5. Charge was framed against the appellant under sections 302, 307, 323 and 324 of the Indian Penal Code. The contents of the charge were read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

6. In order to prove its case, the prosecution has adduced both oral and documentary evidence.

7. The informant Halima Bibi has been examined as P.W.1.

Imamuddin Ansari has been examined as P.W.2.

Hamida Bibi has been examined as P.W.3.

Mahadeo Nonia has been examined as P.W.4.

Ajmal Mian has been examined as P.W.5.

Laxminia Devi has been examined as P.W.6

Fulmatiya Devi has been examined as P.W.7.

Ramchandra Bhuiyan has been examined as P.W.8.

Sunita Devi has been examined as P.W.9

Dr. Krishna Murari Sah has been examined as P.W.10.

Md. Iqbal Husain has been examined as P.W. 11.

Md. Nasim Akhtar has been examined as P.W. 12.

8. The prosecution has adduced the post-mortem report in evidence which is Ext:- 1. Inquest report is Ext:-2.

Statement of the appellant was recorded under section 313 Cr.P.C., defence is general denial of the occurrence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=JWh84WYVV%2BM86K4sXzCHnzoVsQC2UzjMJgFk9B7Lm6yhPh%2F40%2FeJYv7Mphv%2Bo%2FcH&caseno=Cr.A(DB)/665/2002&cCode=1&cino=JHHC010004752002&state_code=7&appFlag=)

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