AHMAD KHAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the three Appellants on being found guilty of committing murder of Hamida Parveen were convicted under Section 302 of the Indian Penal Code and were sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 11.3.1997 at about 8 a.m. Hamida Parveen (deceased) sent her son, Md. Sahid Khan (examined as P.W.3 in S.T. No. 393 of 2000) and also other son to the school. After closure of the school, when both of them came home, they found door of the house locked from outside. They waited for their mother to come till evening but when she did not come, Md. Sahid Khan (P.W.3) as well as his brother came to the house of his maternal uncle, Md. Firoz and told him all about that. Thereupon Md. Firoz, his brother Parvej Ahmad and father Md. Yunush left home in search of Hamida Parveen but they did not get any trace of her till late night. Thereafter Md. Firoz on 12.3.1997 at about 10.15 a.m. came to Bistupur Police Station and informed the Officer -in -Charge about the missing of Hamida Parveen, upon which a Sahna was entered in the Station Diary. One Sub -Inspector, Jitendra Kumar (P.W.12) came to the place of occurrence and made enquiry from the persons residing in the neighbourhood and came to know that there had been altercation in between the deceased and other accused persons around 8 O'clock . After some time, the accused persons went away and since then, nobody had seen Hamida Parveen.

(3.) UPON the said Fardbeyan (Ext.4), a case was registered against the Appellants and others. In course of investigation, Jitendra Kumar (P.W.12) made inquest on the dead body and then sent the dead body for post mortem examination which was conducted by Dr. Lalan Choudhary (P.W.10/P.W.1), who found several abrasions present over front of neck, waist, right elbow, left knee and all over the hands. That apart, massive contusions were found present over front of neck and side of neck. Hyoid bone was found fractured. Cause of death, according to Doctor, was due to asphyxia as a result of pressure over neck. With such opinion, post mortem examination report (Ext. 3) was issued . On submission of charge sheet, Ahmad Khan the Appellant in Cr. App No. 101 of 2004 along with others was put on trial, vide S.T. No. 228 of 1998 whereas Nusrat Parveen and Abdul Rahman Khan the Appellants in Cr. App. Nos. 1741 and 1810 of 2003 were put on trial, vide S. T. No. 393 of 2000. Both the Sessions Trials were decided by two different judgments whereby all the three Appellants were found guilty of committing murder of Hamida Parveen. The other accused persons, who were put on trial along with the Appellant Ahmad Khan were acquitted.