1

Cr. Appeal (DB) No. 338 of 2014

With

Cr. Appeal (DB) No. 309 of 2014

With

Cr. Appeal (DB) No. 310 of 2014

With

Cr. Appeal (DB) No. 313 of 2014

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Against the judgment of conviction dated 25.02.2014 and order of sentence

dated 1.3.2014, passed by Shri Ram Babu Gupta, learned Additional Sessions

Judge-II, Garhwa in Sessions Trial No. 53 of 2012/S.T. Case No. 135 of 2012.

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Aasif Ansari

…..Appellant in Cr. Appeal (DB) No. 338/2014

Reshma Khatoon

…… Appellant in Cr. Appeal (DB) No. 309/2014

Sarafat Ansari

……..Appellant in Cr. Appeal (DB) No. 310/2014

1.

Amna Khatoon @ Amna Bibi.

2.

Mohiuddin Ansari @ Mohiuddin Sheikh

…..Appellants in Cr. Appeal (DB) No. 313/2014

Versus

The State of Jharkhand.

….Respondents in all the cases

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For the Appellant(s)

: Mr. A.K. Kashyap, Sr. Advocate

: M/s Supriya Dayal, Advocate

For the State

: Mrs. Priya Shrestha, Special P.P.

-----

PRESENT

HON’BLE MR JUSTICE RONGON MUKHOPADHYAY

HON’BLE MR. JUSTICE AMBUJ NATH

C.A.V. On 01/02/2023

Pronounced on_13/02/2023

Heard Mr. A.K. Kashyap, learned senior counsel for the appellants and

Mrs. Priya Shrestha, learned Special P.P.

2.

Since all these appeals are directed against a common judgement, hence

they are being disposed of by this common order. So far as the appellant no. 2

in Cr. Appeal (D.B.) No.313 of 2014 is concerned, he has died during the

pendency of the appeal and therefore the appeal preferred by him has abated.

3.

These appeals are directed against the judgement of conviction dated

25.02.2014 and order of sentence dated 1.3.2014, passed by Shri Ram Babu

Gupta, learned Additional Sessions Judge-II, Garhwa in Sessions Trial No. 53 of

2012/S.T. Case No. 135 of 2012, whereby and whereunder the appellants have

been convicted for the offences punishable under sections 302/120B and

Section 379 of the Indian Penal Code and have been sentenced to undergo

imprisonment for life along with a fine of Rs.5,000/- each for the offence

punishable under sections 302/120B IPC and in default of payment of fine to

undergo simple imprisonment for six months as also to undergo rigorous

2

Cr. Appeal (DB) No. 338 of 2014

With

Cr. Appeal (DB) No. 309 of 2014

With

Cr. Appeal (DB) No. 310 of 2014

With

Cr. Appeal (DB) No. 313 of 2014

imprisonment for three years and to pay a fine of Rs.2,000/- each for the offence

punishable under section 379 IPC and in default in payment of fine to undergo

simple imprisonment for two months. Both the sentences are to run concurrently.

4.

A written report was submitted by Nurul Hoda Ansari on 20.7.2011, in which it

has been stated that the marriage of his son Gulab Nabi Ansari was solemnized with

Reshma Khatoon, daughter of Mohiuddin Ansari. Mohiuddin Ansari lives with his family

in Garhwa Dakbunglow. Reshma Khatoon was also staying with her father. It has been

stated that on 16.7.2011, Reshma Khatoon had called Gulab Nabi Ansari to Garhwa

Dakbunglow but due to rains Gulab Nabi Ansari could not visit the said place. On

19.7.2011, Reshma Khatoon had once again called the son of the informant to her

parents’ place and on repeated insistence of Reshma Khatoon, the son of the informant

along with his brother Kausar Ansari went to Garhwa Dakbunglow. Kausar Ansari after

leaving Gulab Nabi Ansari at Garhwa Dakbunglow came back to his house in the

evening and disclosed that Gulab Nabi on the advice of his brother in law Aasif Ansari,

his wife and his parents in law had left on a vehicle to Sidhe, the reason being to

purchase some articles needed for the Bidai of the bride. It has been alleged that when

in the morning, the informant went in search of his son to Garhwa Dakbunglow,

M