ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA)

Date : 01-03-2019

1. This Criminal Appeal has been directed against the Judgment of conviction and sentence order dated 01.07.1995 passed by the learned Sessions Judge, Katihar, in Sessions Case No. 100 of 1994, by which and whereunder, he convicted the appellants for the offences punishable under Sections 302/34 and 201 of the Indian Penal Code and, accordingly, sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the Indian Penal Code and to undergo rigorous imprisonment for five years for the offence punishable under Section 201 of the Indian Penal Code. However, both the sentences were ordered to run concurrently. It is pertinent to note here that by the same impugned Judgment, learned Sessions Judge, Katihar, acquitted the appellants from the charge framed under Section 364/34 of the Indian Penal Code.

2. P.W.3, SK.Balak, gave his statement to P.W.14, the then Officer-in-charge, Amdabad Police Station in presence of P.W.4 and P.W.5 to this effect that the marriage of his sister namely, Pasia Khatoon had taken place with appellant no.1, namely, Sk.Sajit three years back. He, further, stated that his sister, namely, Pasia Khatoon gave birth to a female child, namely, Jugni one and half years ago out of the aforesaid wedlock but after birth of Jugni, appellant Sk.Sajit started torturing to his sister making several allegations as a result whereof Pasia Khatoon started residing at her parental house. P.W.3, further, claimed that he along with P.W.4 and P.W.5 requested the appellant Sajit to take back Pasia Khatoon but he refused to take back Pasia Khatoon to his home raising questions against the character of Pasia Khatoon. P.W.3, further, claimed that when Sajit refused to keep Pasia Khatoon with him, he and his family members asked the appellant Sajit to maintain Pasia Kahtoon, but he did not give any reply. P.W.3, further, claimed that one month prior, the appellant Sajit had come to his house and abused and threatened to kill Pasia Khatoon. P.W.3, further, claimed that on 07.08.1993, he as well as his other family members had gone to Bahiar in connection with their works and when they returned to their home at about 4P.M., his wife, namely, Bibi Fulki (P.W.10) informed that appellant Sajit and appellant Sajul had come at about 10.A.M. and they talked to Pasia Khatoon and after that, Pasia Khatoon along with her daughter Jugni left the home in the company of appellants. P.W.10 also informed that when she made query, Pasia Khatoon replied that she along with her husband was going to village Rasidpur. P.W.3, further, claimed that on 08.08.1993, he went to the Village of appellants but he did not find his sister Pasia Khatoon at the house of her husband and he made query from neghibours and learnt that his sister as well as his brother-in-law had not come to their home. P.W.3, further, claimed that he, thereafter, went to the house of appellant Sajul but Mohammad Sajul was not found present at his house. P.W.3, further, claimed that he as well as his other family members searched Pasia Khatoon but they could not succeed to trace her out. P.W.3 claimed that the appellants took his sister with intention to commit murder.

3. On the basis of above stated statement of P.W.3, Amdabad P.S. Case No. 37 of 1993 was registered against the appellants for the offence punishable under Section 364/34 of the Indian Penal Code.

4. P.W.14, namely, Sachidanand Choudhary, the then Officer-in-charge of Amdabad Police Station, took the charge of investigation. He inspected the place of occurrence and also went to the houses of the appellants but they were found missing from their respective houses. However, in course of investigation, P.W.3 gave information to him that one week back, dead body of a girl was recovered near Katihar and P.W.14 also got information that the family members of informant (P.W.3) as well as P.W.3 had gone