HASIBUDDIN @ HASIB, SON OF LATE SAGIRUDDIN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present Appeal under Section 374(2) read with Section 389 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") was preferred against the judgment of conviction and order of sentence of the appellant in Sessions Trial No. 1015 of 2011 { arising out of Terhagachh P.S. Case No. 19 of 2008}. The appellant was convicted on 02.06.2015 for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C.") and by order of sentence dated: 08.06.2015 he was directed to undergo rigorous imprisonment for life under Section 302 of the I.P.C. and imposed a fine of Rs. 10,000/- and in default of payment of fine he was directed to further undergo imprisonment for six months. The judgment of conviction and sentence was passed by Shri Ramesh Kumar Rateria, learned Sessions Judge, Kishanganj (hereinafter referred to as the "trial judge") in Sessions Trial No. 1015 of 2011.

(2.) Short fact of the prosecution case is that on 01.04.2008 at 12.00 Hours (noon) Sub Inspector of Police Mr. Zulfikar ( P.W. 7) of Police Station: Teragachh recorded fardbyan of Habiba Begam (P.W. 5). The fardbyan was recorded near the house of the appellant in village Rajghat Baluatoli Miyapur. In the fardbyan the informant stated that on earlier date i.e. on 31.03.2008 she got information over telephone which was installed near her house in the village: Dohar, Police Station: Bahadurganj that her sisterSoyeba ( deceased) has consumed poison. After getting such information she visited village: Balutoli i.e. village of her sister and reached her house and saw that on Veranda dead body of sister Soyeba was lying. She further stated that from the family members and villagers she got information that after three months her brother-in-law Hasibuddin had returned from Punjab on 30.03.2008 at 12.00 Hour and on the same date at about 3-4 P.M. due to some altercation he brutally assaulted the sister of the informant (deceased). Thereafter, the injured was carried by her brother-in-law Hasibuddin (appellant) and villagers for her treatment and as they crossed the river her sister collapsed and died. Thereafter, they brought the dead body to the house. She claimed that her sister died due to brutal assault by the appellant. Her fardbyan was read over to her which was recorded in presence of Shahansah Begum (P.W. 6) and both informant and P.W. 6 put their L.T.I. on the fardbyan.

(3.) After recording fardbyan, on 01.04.2008 at 16.00 Hours (4.00 P.M.) a formal FIR vide Teragachh P.S. Case No. 19 of 2008 was registered for the offence under Section 302/201 of the I.P.C. against the sole appellant. After investigation, on 11.09.2008 charge-sheet was submitted against the appellant. Thereafter, on 20.10.2008 learned Chief Judicial Magistrate took cognizance of offence. After completion of formalities under Section 207 of the Cr.P.C. on 06.09.2011 the case was committed to the court of Sessions and to prove its case prosecution examined altogether seven witnesses. However, out of seven witnesses, P.W. 1, P.W. 2 and P.W. 3 since did not support the prosecution case, they were declared as hostile witness. P.W. 6 (Shahansah Begum) (wife of brother of informant) was examined as hearsay witness. P.W. 4 (Dr. Satya Swaroop) had conducted post-mortem examination on the dead body of the deceased and informant ( Habiba Begum) was examined as P.W. 5 whereas Md. Zulfikar, Sub Inspector of Police who conducted major portion of the investigation was examined as P.W. 7. After conclusion of the prosecution evidence statement of accused under Section 313 of the Cr.P.C. was recorded on 19.12.2014 however in the case no witness from defence side was produced.