Jharkhand High Court Upholds Mother's Life Sentence For Killing 4 & 2-Year-Old Sons, Says 'Instead Of Protecting, She Devoured Them'

A Division Bench of Justice Rongon Mukhopadhyay and Justice Arun Kumar Rai found that the circumstances on record pointed towards the woman's involvement in the killings. The Court dismissed her appeal against a 2021 trial court judgment convicting her for murder under Section 302 read with Section 34 of the IPC.

The case dates back to May 19, 2013. According to the prosecution, the appellant, Shama Parveen, left home that evening with her sons, Kasif Umar, aged four, and Sarif Umar, aged two. She had gone to the house of one Manjoor Alam. When she did not return, her husband went looking for them but could not find them. The following morning, a neighbour informed him that his wife was sitting on the road outside. Shortly thereafter, the same neighbour told him that the bodies of both children had been found in a drain, wrapped in cloth.

The prosecution alleged that Manjoor Alam had an illicit relationship with the appellant and wanted to marry her. It was alleged that the two children were seen as an obstacle to this relationship and were killed at his instigation.

The High Court noted that although nine witnesses were examined by the prosecution, most were declared hostile. Apart from the doctor who conducted the post-mortem, the Court found the evidence of two witnesses, including the appellant's husband, to be of substance.

The appellant had also entered the witness box in her defence. She admitted that she had taken her children to Manjoor Alam's house that evening, but claimed that she had gone there to recover a loan given to him. She sought to blame Manjoor Alam for causing injuries to the children and stated that they had also been forced to drink Pepsi.

The Bench was not persuaded by her version. It noted that the post-mortem attributed the deaths to poisoning and found that her account appeared to have been given to correlate with the medical findings and absolve herself.

The Court also took note of evidence concerning the recovery of a blood-stained blade and bangles following the appellant's confessional statement. The post-mortem of one of the children revealed several incised wounds, which the Court said could have been caused with a blade. It also noted the evidence that the cloth in which the children were found wrapped matched the saree worn by the appellant.

The Bench further referred to the alleged relationship with Manjoor Alam. It noted that while the appellant disputed the prosecution's version, she had stated during her examination under Section 313 CrPC that Manjoor Alam wanted to marry her. Commenting on the circumstances surrounding the killings, the Court observed:

“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.”

The Court added that the appellant had offered no explanation which could provide another possible angle to the incident and found that “all the components are aligned towards the guilt of the appellant”.

Finding that the trial court had properly considered the material on record, the High Court found no reason to interfere with the conviction. The appeal was accordingly dismissed and the appellant's conviction under Section 302 read with Section 34 IPC and sentence of rigorous imprisonment for life, along with a fine of Rs. 20,000, were upheld.

Case Title: Shama Parveen v. State of Jharkhand

Case Number: Cr. Appeal (D.B.) No. 237 of 2021

Appearance: Mr. Arvind Kumar Choudhary for the Appellant; Mrs. Kumari Rashmi, APP for the State.