ISLAM JILANI AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Today, a petition has been filed in the Court stating therein that appellant No 1 Islam Jilani and appellant No 5 Bibi Rasulan have already died during pendency of this appeal. Let it be kept on record. We need not pass any order in this petition in view of the order we are going to pass in this case.

(2.) The present appeal is directed against the judgment and order dated 28.06.1989 passed by Shri H. K. Prasad, the learned Sessions Judge, Gopalganj in Sessions Trial No 37 of 1986 convicting the appellants under Sections 302/34 and 201 of Indian Penal Code (IPC) and sentencing them to undergo rigorous imprisonment for life and rigorous imprisonment for two years and to pay fine of Rs. 2,000.00 each and Rs. 1,000.00 each respectively for each of the sentences with a default clause which stipulates that failure to pay fine would make them liable to imprisonment for a further period of 3 years and 6 months respectively for each of the offence.

(3.) The prosecution case is based on written report of one Jayees Kumar (PW 12) submitted to the Officer-in-charge, Gopalganj Police Station on 13.01.1986 at 8 pm stating therein that a day before in the evening at about 6.30 pm, he heard rumour that in Mohalla - Jangalia, daughter-in-law of appellant No 1 Islam Jilani was probably killed and effort was being made to bury the dead body stealthily. Station Diary Entry being Station Diary Entry No 375 dated 13.01.1986 was made and in order to verify the truth of the rumour, the informant proceeded to the place of occurrence alongwith armed policy party. When they reached to the house of the appellant, appellant No 1 Islam Jilani, appellant No 2 Gulam Hasan and appellant No 3 Gulam Safdar were found present near the door. They accepted the death of daughter-in-law of appellant No 1 due to ailment. When a request was made to show the dead body, appellant No 1 told that since daughters-in-law live in Zanana Qita, he does not go there. When the informant became a bit firm, appellant No 1 asked his two sons, appellants No 2 and 3 to show the dead body. Then they reached near the dead body which was found wrapped in a shroud lying in verandah on the upper storey of the house. On unwrapping the shroud, the dead body of Asma Khatoon, on which there was bleeding injury on neck, was found. The dead body was cleansed. Blood was also found on plung and the floor which was also cleansed. On enquiry, the accused persons gave unsatisfactory reply. They could not explain the reasons for not informing regarding the incident to the Police Station. The informant suspected that it was a case of murder committed by the appellants who all were found present inside the house.