Jharkhand High Court
Shama Parveen vs The State Of Jharkhand on 4 August, 2026
Author: R. Mukhopadhyay
Bench: Rongon Mukhopadhyay
( 2026:JHHC:23097-DB )
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No.237 of 2021
----
Shama Parveen, wife of Md. Rakib, permanent resident of Sahpur,
P.O. and P.S. Vami, District Samashtipur (Bihar); present resident
of Luka Road, Qr. No.L-1/20, P.O. & P.S. Sakchi, District East
Singhbhum (Jharkhand).
----- Appellant
Versus
The State of Jharkhand ----- Respondent
------
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellant : Mr. Arvind Kr. Choudhary, Advocate
For the Respondent : Mrs. Kumari Rashmi, A.P.P
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JUDGMENT
Dated: 04.08.2026
Per R. Mukhopadhyay, J.
1. Heard Mr. Arvind Kumar Choudhury, learned counsel
for the appellant and learned A.P.P.
2. This appeal is directed against the judgment and order
of conviction and sentence dated 23.07.2021 (sentence passed on
24.07.2021) passed by Shri Shesh Nath Singh, learned Additional
Sessions Judge-IX, Jamshedpur in S.T. No. 573 of 2013, whereby
and whereunder the appellant has been convicted for the offence
punishable under Section 302/34 IPC and has been sentenced to
rigorous imprisonment for life along with a fine of Rs.20,000/- and
in default in payment of fine, to undergo imprisonment for 6
months.
3. The prosecution case arises out of the written report of
Md. Rakib in which it has been stated that on 19.05.2013 at about
7.30 p.m., the wife of the informant namely Shama Parveen
(appellant) along with her two sons Kasif Umar aged 4 years and
Sarif Umar aged 2 years had gone to the house of Manjoor and
when she did not return, the informant went in search of them at
8.30 p.m. but of no avail. The informant had come back home at
10.30 p.m. and went to sleep. It has been alleged that on
20.05.2013 at 6.30 a.m., the informant was bathing when his
neighbour Md. Amirullah came and disclosed that his wife was
sitting on the road in front of the house. The informant after
completing his bath had brought his wife home. After some time,
Amirullah had once again come to the house of the informant and
disclosed that both his sons were lying in a drain in front of the
house of Amirullah wrapped in cloths. The informant, on such
information, had gone to the said place and found both his sons
wrapped in a saree of his wife and blood was seen oozing out from
the neck and hands of both the children. The police was informed
after which the dead bodies were taken to MGM Hospital. It has
been alleged that Manjoor Alam used to stay with the informant
and he had taken a loan of Rs.35,000/- which he was not
returning. The said Manjoor Alam had an illicit relationship with
the wife of the informant and he wanted to solemnise marriage with
her and both the children were a hurdle in the desire of Manjoor
Alam and this was the reason why the wife of the informant
committed the murders at the instigation of Manjoor Alam.
Based on the aforesaid allegations, Sakchi P.S. Case No.
159 of 2013 was instituted under Sections 302, 494, 109, 406 IPC.
On completion of investigation, charge sheet was submitted and
after cognizance was taken, the case was committed to the court of
sessions where it was registered as S.T. No. 573 of 2013. Charge
was framed against the accused under Sections 302, 494, 109 and
406 IPC which was read over and explained to the accused in Hindi
to which she pleaded not guilty and claimed to be tried.
4. The prosecution has examined as many as nine
witnesses in support of its case.
5. P.W.1 Dr. Lalan Choudhury was posted as an Assistant
Professor, Department of Forensic Medicine, MGM College,
Jamshedpur and on 20.05. 2013 he had conducted autopsy on the
dead body of Sarif and had found the following:-
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A. Incised wound:-
1. 2.75 cm X 0.5 cm X 0.25 cm, 3 cm X 0.5 cm X
0.25 cm and 2.5 cm X 0.5 cm X 0.25 cm over right
side front of neck.
2. 2.5 cm X 0.5 cm X 0.25 cm over medial aspect of
right wrist.
3. 1.5 cm X 0.5 cm X 0.25 cm over medial aspect of
left wrist.
B. Chemical burn mark over lips and oral cavity on
left side of neck.
The cause of death was opined to be on account of
poisoning. The post-mortem report has been proved and marked as
Exhibit-1.
On the same day, he had conducted autopsy on the
dead body of Kasif and had found the following:-
“On examination, found antemortem chemical burn over
right side of face, mouth (lips), left side of neck, both
eyelids, nose, right ear and oral cavity.”
The cause of death was opined to be on account of
poisoning. He has proved the post-mortem report which has been
marked as Exhibit-2.
6. P.W.2 Md. Amiruzzama and P.W.3 Ismail Azad have not
supported the case of the prosecution and were declared hostile by
the prosecution.
7. P.W.4 Md. Rakib is the informant and the husband of
the accused Shama Parveen who has stated that since Md. Manjoor
Alam had taken a loan of Rs.35,000/-, his wife Shama Parveen had
gone to the house of Md. Manjoor Alam on 19.05.2013 for collecting
the said money. On 20.05.2013 at 6.30 a.m. when he was bathing,
he came to know that his wife was sitting in L-1 Road in front of
Quarter No.20. When he reached the said place, he found his wife
in an unconscious state and he brought her to his quarter. After
some time, he came to know that his two children are lying in the
drain and when he went, he found one of his sons throttled with
something put on his mouth and the other son also throttled with
the veins of both his hands cut. A few days back, Manjoor had
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established physical relationship with his wife and he wanted to get
rid of the children before solemnising marriage with Shama
Parveen. He has proved the written report given by him to the
police which has been marked as Exhibit-1.
In cross-examination, he has deposed that he is not the
author of the written report. He had not witnessed the murder of
his children. He had not made any complaint to the police station
or to the court.
8. P.W.5 Ram Charit Pal was posted as a Sub-Inspector of
Police at Sakchi P.S and on 20.05.2013 he had taken over the
investigation of Sakchi P.S. Case No. 159 of 2013. He had inspected
the place of occurrence which is in front of Quarter No. L-1/16 at
Luka Road. He had found traces of blood at several places. He had
seized blood stained soil. He has proved the seizure list which has
been marked as Exhibit-5/1. He had also seized blood about 3 feet
from the gate in the road and a seizure list was prepared which has
been marked as Exhibit-6/1. He had also seized some blood which
was fallen about 6 feet from the quarter on the north-western side.
The seizure list has been proved and marked as Exhibit-7/1. Some
blood was also collected and seized from near the door of Quarter
No. L-1/16 and a seizure list was prepared which has been marked
as Exhibit-8/1. He had seized near the place of occurrence a
checkered blue-green colour Pallu of a saree from the drain near
Quarter No. L-1/16 and a seizure list was prepared which has been
marked as Exhibit-4/1. He had gone to MGM Hospital and had
prepared the inquest report of the two children which have been
proved and marked as Exhibit-12 and 13. He had sent the dead
bodies for conducting post-mortem. He had once again gone to the
place of occurrence and recorded the statements of witnesses. He
had got Shama Parveen admitted to the hospital. He had got the
lady constable change the saree of Shama Parveen which was
blood-stained and the part of the saree which was recovered from
the place of occurrence was similar to the one worn by Shama
Parveen. He had prepared a seizure list of the saree which has been
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proved and marked as Exhibit-14. He had recorded the
confessional statement of Shama Parveen which has been marked
as Exhibit-15. On the basis of the confessional statement of Shama
Parveen a blood-stained blade, coloured bangles and blood on the
floor were seized and a seizure list was prepared which has been
marked as Exhibit-16. The articles were seized from a place which
is situated at a distance of 200 meters from the first place of
occurrence. He had sent the seized articles to forensic science
laboratory. On completion of investigation he had submitted charge
sheet. The endorsement on the formal F.I.R has been proved and
marked as Exhibit-11/1 while the formal F.I.R has been marked as
Exhibit-17. He has deposed that there are no eye witnesses to the
incident. He had not taken the blood sample of the murdered
children. The saree which was taken out from a sealed packet has
been marked as Material Exhibit-M. The green coloured cloth has
been marked as Material Exhibit-4/1. The six envelopes of State
Forensics Laboratory, Ranchi containing blood-stained cotton have
been marked as Material Exhibits-M/2 to M/7. The signature in
the arrest memo of Shama Parveen and Manjoor Alam have been
proved and marked as Exhibit-19 and 19/1.
9. P.W.6 Md. Arshad Khan, P.W.7 Moin Khan, P.W.8 Rozy
Khan and P.W.9 Md. Mobin Khan have not supported the case of
the prosecution and they have been declared hostile by the
prosecution.
10. The statement of the accused was recorded under
Section 313 Cr.P.C in which she has denied her complicity in the
commission of the offence.
11. The defence has examined one witness in support of its case.
12. D.W.1 Shama Parveen is the accused who has stated
that in the year 2012 she had come to Jamshedpur. Her husband
had a friendship with Manjoor Alam and it was Manjoor Alam who
had made arrangements for her stay. Her husband used to work in
Ludhiana and she stayed alone with her two children. She has
stated that Manjoor Alam used to regularly visit her house. For
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depositing the service tax, Manjoor Alam had taken Rs.40,000/-
from her husband as loan and some jewelleries which were kept on
Mortgage. She had gone to the house of Manjoor for the loan
amount and jewellery but nothing was given and instead Manjoor
Alam expressed his love for her and wanted to marry her. Manjoor
Alam already had two wives. She has deposed that on 20.05.2013
at 7.00 p.m she had gone to the house of Manjoor Alam along with
her children to demand return of the loan amount and jewellery
but Manjoor Alam started misbehaving with her and tied her hands
and mouth and administered Pepsi on her children. Both the
children were murdered by Manjoor Alam.
In cross-examination she has deposed that she had not
disclosed about the incident to the Magistrate when she was
produced before him. She has denied that the murder of her two
children were committed by her in connivance with Manjoor Alam.
13. It has been submitted by Mr. Arvind Kumar Choudhury,
learned counsel for the appellant that there are no eye witnesses to
the occurrence and the conviction of the appellant is based on
circumstantial evidence. It has been submitted that it was Manjoor
Alam who was instrumental in committing the murders as he
wanted to solemnise marriage with the appellant and the children
were a thorn in his desire for such marriage. The appellant was
found in an unconscious and disheveled state sitting on the road
which furthermore signifies the distraught a mother has faced on
having seen her two infant children die in such brutal fashion.
Most of the witnesses of the prosecution have been declared hostile
and the entire case rests upon the ocular evidence of P.W.4 and
P.W.5. It has also been submitted that without there being any
viscera report, the doctor conducting the post-mortem had come to
an erroneous finding that the death had occurred on account of
poisoning. The appellant has suffered incarceration for more than
13 years and in absence of any concrete evidence, the appellant
deserves to be acquitted from the charges leveled against her.
14. Learned A.P.P has submitted that the appellant has
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himself admitted that she had gone to the house of Manjoor Alam
along with the children and therefore, there is a strong
circumstance that it was the appellant who in connivance with
Manjoor Alam had committed the murders to clear the path for her
solemnising marriage with Manjoor Alam. On the confession of the
appellant, blood-stained blade and bangles were recovered which
furthermore enhances the case of the prosecution against the
appellant.
15. We have heard the learned counsel for the respective
sides and have also perused the trial court record.
16. Although the prosecution has examined nine witnesses,
but apart from the doctor who had conducted the autopsy (P.W.1),
the only other witnesses of substance are P.W.4 and P.W.5. The
rest of the witnesses have been declared hostile by the prosecution.
17. When we analyse the evidence of P.W.4 who is the
informant, it clearly transpires that on 19.05.2013 the appellant
had gone to the house of Manjoor Alam and in the next morning,
P.W.4 had found the appellant in a distraught state beside the road
and subsequent thereto the dead bodies of both the children
wrapped in a cloth with injuries visible on their person recovered
from a drain. Though some doubt creeps up with respect to the
conduct of the appellant as no efforts were made by him to search
out his wife despite she having not returned at night but barring
such aberration, the other features of the case does point to an
active role played by the appellant in doing away with the life of her
infant sons. The appellant has got herself examined as D.W.1 and
she has admitted to the fact that on the fateful evening she had
gone to the house of Manjoor Alam taking her children with her for
recouping the loan amount which was extended to Manjoor Alam.
However, her narration of the events takes a different route by
pinning all the blame upon Manjoor Alam of causing bodily injury
upon the infants. They were also forced to drink Pepsi and the
statement of the appellant appears to have been deliberately made
to correlate with the findings in the autopsy report regarding the
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cause of death being poisoning and to absolve herself of any wrong
doing. P.W.4 has also stated about an illicit relationship between
Manjoor Alam and the appellant and this assertion has to a certain
extent admitted by the appellant as she in her 313 Cr.P.C
statement has candidly stated about Manjoor Alam being desirous
of solemnising marriage with her. The evidence of P.W.5 reveals
about the confessional statement of the appellant leading to
recovery of a blood-stained blade and bangles. The autopsy report
of Sarif reveals about several incised wounds found on his person
which can be attributed to have been committed with the help of a
blade. P.W.5 has also observed that the Pallu in which the infants
were wrapped, matched with the saree the appellant was wearing.
18. The entire features of the case reveal the covert and
clandestine manner in which the murders had taken place and that
too in a brutal and grotesque manner. The appellant, being the
mother, instead of protecting her children, had devoured them in a
devilish fashion. No explanation has been furnished by the
appellant relating to the entire episode inviting another angle to the
case and all the components are aligned towards the guilt of the
appellant.
19. The learned trial court has considered aptly the
essential features of the case while convicting the appellant for the
offence under Section 302/34 IPC and sentencing her accordingly
and having found no reasons to conclude otherwise, this appeal
stands dismissed.
20. Pending interlocutory application(s), if any, stands
closed.
(Rongon Mukhopadhyay, J.)
(Arun Kumar Rai, J.)
Dated: 4th August 2026
Shamim/-
Uploaded on: 06 /08/2026
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