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2012 DIGILAW 218 (JHR)

Gafur Mian @ Kutli Mian v. State of Jharkhand

2012-02-10

D.N.UPADHYAY

body2012
JUDGMENT By Court.-This criminal appeal has been directed against the judgment of conviction and order of sentence dated 30.01.2003 and 31.01.2003 respectively passed by learned Addl. Sessions Judge-IV, Jamtara in connection with Sessions Case Nos. 464 of 1992 (Dumka)/261 of 2001 (Jamtara) arising out of Narayanpur P.S. Case No. 53 of 1991 corresponding to G.R No. 439 of 1991, whereby the sole appellant-Gafur Mian @ Kutli Mian has been held guilty for the offence punishable under Section 306, I.P.C. and sentenced to undergo R.I. for 4 years and also to pay a fine of Rs. 5,000/-, and in default of making payment of fine, further R.I. for 6 months. 2. The prosecution case as it appears from the F.I.R. lodged by Md. Muslim, PW 6, on 28.10.1991 is that his sister Raun Bibi, who was married with Gafur Mian @ Kutli Mian was found missing from her matrimonial home since 18.10.1991. The informant made search of Raun Bibi, but he could not succeed. In course of searching his sister, Raun Bibi, the Informant, along with Hakim Mian, went to Patrodih and enquired the whereabouts of Raun Bibi (deceased) from her husband-Gafur Mian and his family members. The accused persons named in the F.I.R. instead of giving information, threatened the Informant. On further query, the nephew-Reyasat aged about 11 years told weepingly that quarrel between Raun Bibi and her husband-Gafur Mian, had taken place on 17.10.1991 and she was asked to leave the house. It was further transpired that Raun Bibi had committed suicide on 18.10.1991 by jumping on the railway track at Karmatar railway station. The Informant along with Hakim Mian went Karmatar railway station and from there to Madhupur railway station and Jamtara hospital and enquired about the dead body. A piece of saree worn by Raun Bibi recovered from the place of occurrence, was shown to the informant to which he identified and thereafter, this case was lodged against the appellant and the other accused. 3. Investigation proceeded ahead and after conclusion, charge-sheet was filed. The appellant with other five accused was put on trial. The prosecution had examined altogether 13 witnesses whereas the accused persons also examined 3 witnesses in their defence. The learned Sessions Judge at the conclusion of trial held the appellant guilty as aforesaid and, the rest of the accused persons were acquitted from the charges. 4. The informant-Md. The appellant with other five accused was put on trial. The prosecution had examined altogether 13 witnesses whereas the accused persons also examined 3 witnesses in their defence. The learned Sessions Judge at the conclusion of trial held the appellant guilty as aforesaid and, the rest of the accused persons were acquitted from the charges. 4. The informant-Md. Muslim has been examined as PW 6 and he has supported the incident as he gathered from the witnesses and also by making query while he was roaming in search of his sister-Raun Bibi (deceased). He has further stated that Samsuddin Mian, Idris Mian and Tezaul Mian had told him that on 17.10.1991, they had seen the appellant and his family members quarreling with the deceased and they had threatened her to leave the house. The brother of this appellant had broken the teeth of the deceased. He had seen a piece of saree of his sister-Raun Bibi which was recovered from the Karmatar railway track. He had seen tabiz and nose-pin of the deceased at Madhupur railway station, which his sister was wearing and this way, he had come to a conclusion that his sister-Raun Bibi had committed suicide. 5. The statement of PW 6 finds support from the statement of PW 8, Hakim Mian, who had accompanied the informant while he was in 'Search of his sister-Raun Bibi. This witness has also stated that Raun Bibi-wife of Gafur Mian, was missing from her house since 18.10.1991. They had been to the house of the husband to enquire the whereabouts of Raun Bibi, but no information was given to them, rather they were threatened to be assaulted at the time of leaving the place. Razaul told that previous night i.e. on 17.10.1991, there was quarrel between the deceased and the appellant and other family members. He has disclosed the same fact that he went along with the informant to Karmatar and then to Madhupur. He also supports this fact that Samsuddin Mian. Tazaul Mian and Idris Mian had disclosed about the quarrel which had taken place between the deceased and the appellant and the other family members. Tazaul Ansari, PW 5 had deposed that on 17.10.1991 at 4 p.m., he had witnessed the quarrel held between the deceased and the appellant and other family members and the reason behind the quarrel was that the deceased had exchanged 5 Kg. Tazaul Ansari, PW 5 had deposed that on 17.10.1991 at 4 p.m., he had witnessed the quarrel held between the deceased and the appellant and other family members and the reason behind the quarrel was that the deceased had exchanged 5 Kg. rice with a hen. The deceased was assaulted during night at about 8 p.m. also. On 18.10.1991, Raun Bibi (deceased) left home, but the accused persons told that she has gone to her parent's house. In his cross-examination, the witness has stated in paragraph-5 that he had gone to the railway station to see the dead body, but again he says that he had seen the dead body from a distance and he could not identify it. In the evening at about 3-4 p.m., he learnt that it was the dead body of Raun Bibi, which was taken by the police from the railway station. 6. Samsul Mian, PW 4 has repeated the same fact that he had seen the quarrel which was going on between the deceased and her husband and other in-laws and from the following morning, the deceased was found missing. He further learnt that Raun Bibi had committed suicide by jumping on the railway track at Karmatar railway station. Deepak Kumar Sinha, PW 11 happens to be a porter and he had seen the lady jumping on the railway track on 18.10.1991 at Karmatar railway station and after that the lady sustained injuries due to running of the train and the dead body was cut in two pieces. The investigation and other formalities were done by the railway authorities. Alfred Murmu, PW 12 had conducted the post-mortem on the dead body and found injuries caused by hard and heavy vehicle, may be by running over a running train. The doctor proved the post-mortem report as Ext. 3. Fuleshwar Mondal, PW 13, is the police officer, who was posted on 18.10.1991 at Bidyasagar (Karmatar) railway station in G.R.P. He could learn from the memo sent by Station Master that a muslim female had lost her life in a train accident. In this case, U.D. Case No. 36 of 1991 was registered which was investigated by him. He had seen the dead body of a female at platform No.3 and prepared the inquest report and he has proved the carbon copy of the inquest report as Ext. 4. In this case, U.D. Case No. 36 of 1991 was registered which was investigated by him. He had seen the dead body of a female at platform No.3 and prepared the inquest report and he has proved the carbon copy of the inquest report as Ext. 4. According to the evidence of this witness, the identity of the dead body was not known to him. He had sent the dead body to Jamtara for post mortem examination. After receiving instructions from the superior authority, he had handed over all the documents including the inquest report to police as required in connection with Narayanpur P.S. Case 53 of 1991. 7. PWs 1, 2, 3, 7 and 10 have turned hostile and they have said nothing. Three defence witnesses have been examined in order to prove that Raun Bibi died due to train accident. They have also tried to prove that PW 4. Samsul Mian and PW 5, Tazaul Ansari are resident of village Kalipur and they had no occasion to witness that quarrel held in the house of Gafur Mian. 8. Learned counsel appearing on behalf of the appellant had assailed the impugned judgment on the ground that nobody had seen the deceased leaving her house, and the allegation of abetment to commit suicide stands unsubstantiated by the prosecution witnesses. As a matter of fact, no witness had seen the dead body and the identification on the basis of a piece of saree belonging to the deceased, is not conclusive evidence to justify the death of the deceased-Raun Bibi. PW 11, who is a porter, is not consistent in his evidence whether the lady had committed suicide or she fell down on the track and died due to train accident. There is no direct evidence on record to indicate that the appellant had abetted the commission of suicide. No lady would commit suicide for a petty cause of 5 Kg. of lice. It is argued that the deceased was in habit of visiting the place of the appellant in order to collect money from him and for that she used to come to Karmatar railway station. She might have fallen down on the railway track while waiting at the railway platform and this possibility could not be ruled out and, therefore, the appellant cannot be held guilty for the offence punishable under Section 306, I.P.C. 9. She might have fallen down on the railway track while waiting at the railway platform and this possibility could not be ruled out and, therefore, the appellant cannot be held guilty for the offence punishable under Section 306, I.P.C. 9. Learned counsel appearing on behalf of the State has vehemently opposed the argument and supported the impugned judgment. 10. I have carefully examined the evidence on record and perused the impugned judgment. The prosecution case is consistent on the point that on 17.10.1991, since morning to late evening i.e. 8 p.m., quarrel between the deceased and her husband (appellant) was going on. The evidence of PWs 4 and 5 is consistent on this point that the deceased was threatened by her husband and her in-laws to leave the house. It is also to be noted that PWs 6 and 8 went to the house of the deceased on 22.10.1991, but whereabouts of the deceased was not given to them, rather they were threatened by the appellant and the family members. PW 11 had also stated that he had seen a lady jumping on the railway track in order to commit suicide, though in his cross-examination, he says that he was not very sure whether she fell down on the track or she had jumped. 11. Be that as it may, the evidence on record indicates that quarrel between the deceased and the appellant had taken place on 17.10.1991 and from 18.10.1991 morning, the deceased was found missing. No steps have been taken by the appellant or any of his family members, after the deceased became traceless. The evidence on record speaks that they had threatened the informant and his companion while they were enquiring the whereabouts of the deceased from them. The evidence of PW 11 is very clear that on 18.10.1991, a muslim lady had committed suicide by jumping on the railway track at Karmatar railway station. For the offence punishable under Section 306A I.P.C., availability of direct evidence is always remote and allegation with regard to abetment of commission of suicide can only by inferred from the facts and evidence available on record. The facts which leads to an inference that the deceased had committed suicide for which abetment was made by the appellant could be gathered from the evidence adduced. The facts which leads to an inference that the deceased had committed suicide for which abetment was made by the appellant could be gathered from the evidence adduced. The evidence on record is that the deceased was assaulted for petty reasons that she had exchanged a hen with 5 Kg. rice, for which, she was not only-scolded, but also assaulted and threatened to leave the house. This episode started since morning on 17.10.1991 and continued even after sun set up to 8-9 p.m. On the following morning i.e. 18.10.1991, the deceased left home, went to Karmatar railway station and jumped on the railway track just before the train had to touch the platform. The appellant or his family members never made attempt to search the deceased and they kept mum. When the informant had been to their house, he was misled by them and they told a lie that the deceased had gone to her parent's house. Even after the death of Raun Bibi was known to them, they did not take any step. The conduct of the appellant also lead to an inference that he had abetted the commission of suicide. All these facts clearly indicates that the deceased had taken decision to commit suicide only after the incident, which took place on the previous date for which the appellant, who is husband, is mainly responsible. 12. I do not find any merit in this appeal and, therefore, the impugned judgment of conviction and order of sentence dated 30.01.2003 and 31.01.2003 respectively passed by learned Addl. Sessions Judge-IV, Jamtara in connection with Sessions Case Nos. 464 of 1992 (Dumka)/261 of 2001 (Jamtara) arising out of Narayanpur P.S. Case No. 53 of 1991 corresponding to G.R. No. 439 of 1991 stands upheld. The bail bond of the appellant is cancelled. He is directed to surrender before the Court below within a period of fortnight to serve the rest part of the sentence, failing which the Court below shall be at liberty to take all coercive steps to secure attendance of the convict. Appeal dismissed.