RANCHI, India, Sept. 15 -- Jharkhand High Court issued the following order on aUG. 18:

1. Heard Mr. Gautam Kumar, learned counsel for the appellants and Mr. Vineet Kr. Vashistha, learned A.P.P.

2. This appeal is directed against the judgment of conviction dated 15.04.2013 and the order of sentence dated 17.04.2013, passed by Shri Vijay Kumar No.1, the learned Additional Sessions Judge-III, Palamau at Daltonganj in Sessions Trial No. 43/2010, whereby and whereunder, the appellants have been convicted for the offences punishable under sections 302/34 of the Indian Penal Code and have been sentenced to undergo RI for life along with a fine of Rs.5000/- each.

3. The prosecution case arises out of the fardbeyan of Vakil Ahmad recorded on 30.11.2008 in which it has been stated that on the same day at 06:30 a.m. his grandmother-in-law had informed him that his mother-in-law has been assaulted with an axe on head by Salil Ansari and Sabina Bibi. At this information the informant had gone to visit his mother-in-law who was found in an unconscious position and was grievously injured. With the help of the villagers who had gathered the informant had taken his mother-in-law to Sadar Hospital, Daltonganj where in course of treatment she died. The persons in the locality had disclosed that on 29.11.2008 there was an altercation between the mother-in-law of the informant and Sabina Bibi and at 06:00 a.m. on the next day when she was basking by the fire in front of a door Salil Ansari and Sabina Bibi had come with axes in their hand and committed assault on the head of the mother-in-law of the informant.

Based on the aforesaid allegations Chhattarpur PS Case No. 210 of 2008 was instituted under sections 302/34 of the Indian Penal Code. On completion of investigation charge-sheet was submitted and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 43/2010. Charge was framed against the accused under sections 302/34 of the Indian Penal Code which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eleven witnesses in support of its case.

5. PW-1 Sobro Bibi has stated that it was 08:00 a.m. and she was warming herself by the fire and along with her were Sairun Bibi, father-in-law Jamaluddin Mian and her son. At that point of time Salil and Sabina came and Salil Ansari assaulted Sahma Bibi with an axe 5-6 times on the back of the head. She was also assaulted on the leg. Sahma Bibi was taken to the hospital where she was declared dead.

In cross-examination, she has deposed that Vakil Ahmad is her son-inlaw. The deceased Sahma Bibi was her sister-in-law. She cannot say as to what was the cause of dispute between the accused and the deceased. She is an aged person and her eye sight is weak. Due to the commotion she fell down and became unconscious. When she regained consciousness she was told that the accused had committed the assault.

6. PW-2 Sairun Bibi has stated that she was sitting by the fire along with Sahma Bibi when Salil and Sabina had come and assaulted Sahma Bibi with an axe in her presence. Sahma Bibi was taken to the hospital where she was declared dead.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU0btGiCqgWPyUtjAEEFLrhzkn80crJG8k16Z3jZhRX4k&caseno=Cr.A(DB)/638/2013&cCode=1&cino=JHHC010164092013&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.