- (1.) Heard.
(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 3rd December, 2005 passed by the then learned Addl. Sessions Judge -cum -F.T.C. No. 1, Gumla, in Sessions Trial Case No. 163 of 1998, whereby and whereunder the Court, having found the appellants guilty for committing murder of Alam Ansari, convicted them for the offence punishable under Section 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/ - and in default of payment of fine to undergo imprisonment for a period of two months. The case of the prosecution, as has been, projected in the fardbeyan is that on 19.02.1998, Alam Ansari, the husband of the informant - Hafijan Khatoon (P.W.10) came home at 4' O Clock and asked for food from his wife. It was served. While he was taking food, Mumtaj Ansari, the appellant came and asked Alam Ansari to come along with him to take tea. He left home along with the appellant - Mumtaj Ansari. Alam Ansari did not return home till 6' O clock. Thereafter, the informant - Hafijan Khatoon (P.W.10) along with her daughter - Rubu Begam (not examined) left home in -search of her husband. When the informant came ahead of the house of her father -in -law, she heard distress sound of her husband. She proceeded to that direction and when came near the house of Ram Pahan, he saw the appellants, Teja Ansari and Iqbal Ansari catching -hold the deceased, whereas the appellant, Mumtaj Ansari was assaulting her husband with 'bhujali' indiscriminately. When she shouted for help, villagers, Subhan Ansari (P.W.1), Abul Ansari (P.W.6) and also others came over there. Thereupon the accused persons fled away. Thereafter Alam Ansari was taken Sisai Hospital for the treatment. The doctor at Sisai Hospital referred the case to Ranchi. While Alam Ansari was being taken to Ranchi, he died in the way and, therefore, the dead -body was brought to the Sisai Hospital again.
(3.) ON the next day i.e. on 20.02.1998 at about 7.30 a.m. when S.I., B. Lal of Sisai Police Station came, he recorded the 'fardbeyan' of the informant - Hafijan Khatoon (P.W.10), wherein she narrated the same story, as has been, stated above. She also stated about the motive, wherein it was stated that the appellant, Mumtaj Ansari wanted to marry Manju Khatoon, cousin of the deceased which the deceased objected, as a result of which, Mumtaj Ansari could not marry Manju Khatoon.;