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2011 Supreme(SC) 1310

HARJIT SINGH BEDI, CHANDRAMAULI KR.PRASAD
MD. Masood Alam @ MD. Massod – Appellant
Versus
State of Bihar – Respondent


Advocate Appeared:
For the Appellant : Om Prakash Mishra, AC.
For the Respondent:Rudreshwar Singh and Gopal Singh Advocates.

ORDER :

1. This is a rather unfortunate case. The first informant P.W. 10 is the father of the appellant. As per the prosecution story, P.W. 10 had contracted a second marriage with the deceased Nazeema Khatoon sometime before the incident and she was pregnant as on that date. It appears that the appellant was upset with the second marriage of his father as he felt that his property would now be divided into two parts. As per the prosecution story, on the 2nd of March, 1995, at about 7:45p.m., PW 10 went to the village Mosque for namaz and while he was offering prayers he received information that his wife had been killed. He rushed back home and found that the appellant, his wife and his mother in law who had been present in the house when he had gone to the mosque, were missing. He, accordingly, lodged a report against these three persons as well as Mohd. Masi and Mohd. Shaukat who had been encouraging the appellant to sort out his step mother. The trial court relied on the evidence of P.W. 9 Tarsem who claimed to be an eye witness of the occurrence and after noticing some of the contradictions and differences vis-a-vis his evidence and that of P.W. 10, gave the benefit of doubt t

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