RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. The instant appeal is directed against the Judgment of conviction dated 22.07.1998 and order of sentence dated 24.07.1998 passed by learned Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No.299 of 1995 arising out of Bishrampur P.S. Case No.42 of 1994 corresponding to G.R. No.531 of 1994 registered under Section 302 of the Indian Penal Code for committing murder of Magrum Bibi by which the appellant has been convicted under section 302 of the Indian Penal Code (IPC) and has been directed to undergo imprisonment for life for the offence under Section 302 IPC with fine of Rs.5,000/-. In default of payment of fine, further two years R.I. has been ordered.

Factual Matrix

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-

3. According to the fardbeyan of the informant Ahmad Ali brother of the deceased that his sister Magroom Bibi was married with the appellant about 12 years ago. It has been alleged that after few years of marriage, the appellant used to assault the informant's sister Magroom for one or the other reasons. About a year before, the golden nose ring of the informant's sister was lost somewhere for which the appellant assaulted the informant's sister. On one occasion when the informant had gone to appellant's house he was assaulted by appellant by means of lathi. About 14 days prior to the incident, the informant's sister was in her Maike in village Godamana Kalan. The appellant came there where the informant's uncle Ahjad Ali made him understood not to assault the deceased and thereafter, the informant's sister returned to Lalgarh.

4. It has further been alleged that on 14.04.1994, the neighbour Shakur Mian came to village of informant and told informant's uncle that the informant's sister Magroom Bibi has died. On this information, the informant went to Lalgarh where he learnt from the villagers that his brother-in-law Serajuddin had killed his sister and had lodged a case in police station that the deceased died by consuming poison. It has further been alleged that the informant's mother, while giving bath to the dead body, had seen sign of assault on the body of the deceased.

5. On the basis of the fardbeyan of the informant recorded at the police station a FIR being Bishrampur P.S. Case No. 42 of 1994, under Section 302 of Indian Penal Code was instituted against the appellant.

6. After investigation, the police submitted charge sheet under Section 302 Indian Penal Code against the appellant.

7. After cognizance of the offence, the case was committed to the Court of Sessions. Charge under Sections 302 of the IPC was framed to which the accused pleaded not guilty and claimed to be tried.

8. The prosecution has altogether examined 10 witnesses. P.W-1 is Gayasuddin Ansari cousin of informant, P.W. 2 is Kalo Bibi @ Kaloiya Bibi, the mother of informant, P.W. 3 is Ahmad Ali, the informant and brother of deceased. P.W.4 is Amjad Ali, uncle of informant, P.W.5 is Anup Kumar, a police personnel and formal witness, P.W.6 is Ramchandra Choudhury and P.W.7 Rajmani Singh, both are co-villagers, P.W.8 is Doctor who conducted autopsy on the dead body of the deceased, P.W.9 is Md. Jalil, a relative of informant and P.W.10 is Investigating Officer. None of these witnesses are eye witness to the alleged occurrence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2B0CHco3SgG9uBlFsKF7sodCnTasvcxzLse33z%2FMMYGEY%2Bgyog4cjk7h6Wvr01e%2FM&caseno=Cr.A(DB)/202/1998&cCode=1&cino=JHHC010063061998&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.