S.J.MUKHOPADHAYA,J. - (1.) THIS appeal has been preferred by the appellants, namely. Tami Juddin @ Tami Juddin Mirdha @ Tumi Juddin Mirdaha and Jainul Abdin @ Jainuddin Mirdha @ Jainul Abdtn Mirdaha against the judgment and order of conviction dated 6th September, 1993/13th September, 1993, passed by the learned 6th Additional Judicial Commissioner, Ranehi in Sessions Trial No. 220/91, whereby and whereunder, the appellants have been held to be guilty of offence punishable under Section 302/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life.
(2.) BEFORE discussing the story of prosecution, it is desirable to mention the relationship between the appellants and the deceased (Raitu Nisha). Raitu Nisha (deceased) was married with Tami Juddin (A.1) and Jainul Abdin (A.2) is the father of Tami Juddin i.e. father -in -law of Raitu Nisha (deceased). Gulam Rasul (PW 7) is the informant, uncle (Phupha) of Raitu Nisha (deceased). The prosecution story in short is that Raitu Nisha (deceased) was married with Tami Juddin (A. 1) about three years back from the date of occurrence. On 5th April, 1990 about 8 a.m., she reached the house of the informant but did not tell anything. On query made by the informant as to what happened to her, she did not reply. Scon thereafter Jainul Abdin (A.2) reached the house of informant and told that Raitu Nisha (deceased) is a characterless lady and will not spare her. In the meantime. Tami Juddin (A. 1) also reached there, who is her husband. Both father and the son caught hold of arm of Raitu Nisha and took her to their house along with them assaulting and dragging her. After some time, the informant learnt that the appellants have thrown Raitu Nisha in the well of Birbal Munda and when he reached there, large number of people had gathered near the well. Some people were trying to bring out Raitu Nisha from the well and others caught hold of the appellants. When Raitu Nisha was taken out of the well, she was found dead.
(3.) FIR was lodged on 5th April, 1990 at 11.30 a.m. and the case under Section 302/34, IPC was instituted. The Investigating Officer submitted charge -sheet against both the appellants under the aforesaid section and finally committed the case to the Court of session for trial.;