NEZAMUDDIN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By judgment of conviction and order of sentence dated 17.11.2008 and 02.12.2008 respectively passed by the Additional Sessions Judge, FTC No.4, Rohtas at Sasaram, in Sessions Trial No.381 of 2005/Tr.No.241 of 2007 arising out of Akorhigola P.S. Case No.66 of 2004, the sole Appellant has been convicted for the offences under Section(s) 304-B and 201 Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years under Section 304-B Indian Penal Code and two years with fine of rupees three thousand under Section 201 Indian Penal Code. In case of default of payment of fine, the Appellant has to further undergo simple imprisonment for three months. Both the sentences were ordered to run concurrently.

(2.) Prosecution case, as per written report submitted by the informant, father of the deceased, is that Julekha Khatoon (since deceased) was married with Nezamuddin Ansari in the year 1999. His daughter went with her husband after marriage and started residing with him. The husband started making demand of colour TV, which the Informant could not fulfill being the poor man. The Appellant used to assault his daughter for aforesaid demand. A Panchayati also took place and dispute was settled on condition that husband of the deceased shall return all the belongings given at the time of marriage along with Dainmehar of Rs.15,000/- and also to pay Rs.10,000/- in cash and maintenance amount Rs.3,000/- for the period of 3 months 13 days on 01.06.2001. After completing all these payments the husband will get execute a divorce paper. The daughter of the Informant started residing with her husband, Nezamuddin Ansari. The Appellant again started torturing the daughter of the Informant for which she always made complain. The Informant advised his daughter to live with her husband. The Informant got information that Appellant had taken his daughter to Ludhiana in the month of November, 2003, where he was residing to earn his livelihood. The Informant got information that Nezamuddin Ansari had come to his village on the occasion of Eid festival. The Informant went to the house of the Appellant to meet his daughter where he was informed that his daughter has run away from Ludhiana in the month of November. The Appellant always used to send messages on telephone from Ludhiana to the Informant that his wife is quite well. The Informant proceeded for Ludhiana at the address where the Appellant used to reside in Mohalla Moti Nagar. The Informant did not find his daughter. The Informant learnt that in the month of November, 2003, the Appellant had come to Ludhiana and told local people that he is still bachelor. The Informant became suspicious on account of conduct of the Appellant that he has murdered his daughter for non-fulfillment of demand of dowry and did not inform the actual fact to the Informant after committing murder and has disposed off the dead body of his daughter.

(3.) The prosecution examined total 11 witnesses in the case. The prosecution has also filed documentary evidence in support of the case which have been marked as Ext.1 to Ext.13 as mentioned, in detail, in the impugned judgment.