STATE Vs. SK SAIBUL ALIAS SAIBUL ISLAM

JUDGEMENT

(1.) FOR committing murder of Gundi @ Aiman Bibi in the furtherance of the common intention of them both appellants Sk. Saibul @ Saibul Islam and Subhas Mandal were convicted under Section 302/34, indian Penal Code by the learned Additional Sessions Judge, First Court, midnapore and were awarded death sentence. They were also convicted under section 201/34, Indian Penal Code but no separate sentence was passed. Appellant Saibul Islam @ Sk. Saibul was also convicted under section 498a and 304b, Indian Penal Code but no separate sentence was passed in view of the Capital sentence awarded for his conviction under Section 302/34, Indian penal Code Death reference No. 1 of 1991 under Section 366 (1) of the Criminal procedure "code for confirmation of the death sentence and the Criminal appeal No. 271 of 1991 preferred by Sk. Saibul and Subhas Mandal against the said order of conviction and sentence have been heard together and this judgment will govern both.

(2.) BRIEFLY stated, the procecution case is as follows:- Gundi Aiman Bibi (deceased), daughter of P. W: I. Sk. Hanif was married with appellant Sk. Saibul @saibul Islam of village Azanbari within P. S. Khejuri, District- Midnapore on 25th Falgoon 1395 B. S. corresponding to 9. 3. 89 according to Muslim rites, which was solemnized by Kazi in presence of witnesses by preparing a kazinama. At the time of marriage a double silver chain, a gold nose ring, a silver nupur and clothings were given by Sk. Hanif to his daughter Gundi aiman Bibi. Hanif also give Rs. 5. 000/- in cash and a wrist watch and clothings to Sk. Saibul at the time of marriage. After marriage Gundi went to her husband's house to cohabit with him. She visited her father's house on some occasions and on each occasion she complained that her husband was addicted to liquor and gambling and used to assault her and torture her for bringing money from her father. Sk. Hanif who is a poor rickshaw puller could not meet the demand of dowry and he used to appease both his daughter Gundi and his son- in -law Sk. Saibul and used to take back his daughter Gundi to the house of accused Saibul. Gundi came to the house of her father with her husband for the last time on 26th Srabhan 1396 B. S. corresponding to 13. 8. 89 on the occasion of Maharam. Saibul went back to his house on that very day but Gundi stayed at her father's house for one day. She complained of torture, assault and pressure for bringing money from her parents on that occasion also P. W. I, however, appeased her and took her to her husband's house next day and also tried to appease her husband.

(3.) ON 5th Bhadra 1396 B. S. corresponding to 22. 8. 89 at about 7 a. m. in the morning Raibul, brother of Saibul came to the house of Sk. Hanif and told him that his daughter Gundi had left the house of Saibul on the previous night. Hanif being sick sent his wife p. W. 23 Haliman Bibi to the house of Sk. Saibul. In the mean time a dead body of a female was caught in the net of P. W. 17 jhuru Paria who was catching fish with net in the Khal at Kartick Khali which is about three or four miles away from the house of accused Saibul. On discovery of the dead body he informed the villagers including the village chowkidar P. W. 18 Chunilal Mandal. On receipt of Information from Chunilal p. W. 26 S. I. Guiram Ghosh started Khejuri P. S. U. D. case No. 34/89 and visited the place with Constable Sudhir Kr. Ghosh (P. W. 19 ). In the mean time p. W. 23 Haliman Bibi who could not find accused Saibul in his house went to Kartick Khali Khal on receipt of an information that the dead body of a woman had been recovered from the Khal. She identified the dead body to be that of her daughter Gundi. P. W. 26 held inquest over the dead body, seized the wearing apparel of the deceased and sent the dead body to the morgue for post-mortem examination.