The intent to commit murder must be proven beyond reasonable doubt for a conviction under Section 307 IPC, and marital problems do not automatically constitute crimes without substantial evidence.

ORAL JUDGMENT

Date : 15-01-2026

None appears on behalf of the appellant. Learned Additional Public Prosecutor for the State is present.

2. It is noted that the matter is pending consideration for about 16 years.

3. It has been requested and Mr. Paritosh Parimal, learned counsel, has shown his willingness to assist as Amicus Curiae in the present matter.

4. Accordingly, learned counsel Mr. Paritosh Parimal, has been appointed as Amicus Curiae in the present matter.

5. Heard Mr. Paritosh Parimal, learned Amicus Curiae for the appellant and Mr. Ramchandra Singh, learned A.P.P. for the State.

6. The present appeal is directed against the judgment of conviction dated 10.02.2009 and order of sentence dated 13.02.2009 passed by learned Additional Sessions Judge, Fast Track Court-5, Bhagalpur in Sessions Trial No. 10 of 2006 / 73 of 2008 arising out of Nath Nagar P.S. Case No. 183 of 2005 whereby and whereunder the appellant has been convicted for the offence punishable under Sections 307 , 323, 341, 498A and 504 of the IPC and has been sentenced to undergo rigorous imprisonment for five years under Section 307 IPC, rigorous imprisonment for three months under Section 323 IPC, rigorous imprisonment for one month under Section 341 IPC, rigorous imprisonment for three years under Section 498A IPC and rigorous imprisonment for one month under Section 504 IPC. All the sentences have been directed to run concurrently.

7. According to written statement of the informant Fatima Khatoon (PW-5), who is the wife of sole appellant, addressing to the Officer-in-Charge of Nath Nagar Police Station on 06.06.2005 at 5:30 P.M., it is stated that the informant has six daughters from the wedlock and her husband (appellant) took away four daughters under threat and coercion. She further states that the informant was ousted from her own house. It is alleged that the appellant has solemnized second marriage in January, 2005 without consent of the informant (PW-5). It is further alleged that when the informant went to reside at her own house with her youngest daughters, then, the appellant and his second wife prevented to do so. The appellant and other asked to leave the house. It is is further alleged that the appellant and his second wife dragged her by grabbing her hair and dashed on the ground. It is further stated that the informant fell on the ground by keeping the child in her lap. It is further alleged that the appellant and his second wife concertedly assaulted the informant with fists and slaps. It is further alleged that the appellant is alleged to have assaulted the informant holding the neck and pressed with intention to kill. The informant saved her life anyhow and she has alleged that nearby people do not want to be a witness of the case on account of fear from the appellant.

8. On the basis of written statement of the informant, Nath Nagar P.S. Case No. 183 of 2005 was registered under Sections 307 , 323, 341, 498A and 504 of the IPC. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation final form has been submitted against the appellant. But on the basis of protest- cum-complaint petition, the I.O. has submitted charge sheet under Sections 498A , 341, 323, 307 and 504 of the IPC and learned trial court took cognizance against the appellant under the aforesaid sections. The case was committed to the court of sessions after following due procedure. The learned trial court has framed charges against the appellant under Sections 307 , 323, 341, 498(A) and 504 of the IPC. Charges were read over and explained to the appellant to which he pleaded not guilty and clai