RAJ KUMAR PRASAD TAMARKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Raja Ram Sao (Respondent) was prosecuted for commission of an offence under Section 302 of the Indian Penal Code, 1860. He was a convoy driver employed by Tata Engineering Locomotive Company (TELCO) at Jamshedpur. He married Usha Devi (deceased) on 3.07.1995 at Calcutta at her maternal grandfather's place. She had all along been residing at Calcutta with him. She, after solemnization of the marriage, went to her matrimonial home at Jamshedpur on several occasions. She, however, stayed at Jamshedpur only for a total number of 10 days. The deceased's father Raj Kumar Prasad Tamarkar (Appellant) was a resident of Giridih.

(2.) Allegedly, the respondent had an affair with a lady named Shahnaj. The deceased allegedly raised objection in regard thereto. She, at the material time, was staying with her parents at Giridih. At about 4.00 p.m. on 13.07.1996, the respondent came to his in-laws place at Giridih. He asked for 'Bidai' of his wife. It was agreed that Bidai ceremony would be held on 17.07.1996. He stayed at Giridh on the said date. On 14.07.1996, allegedly, the respondent went to see a movie in a theater known as 'Jivan Talkies' along with the deceased and her brother Ranjit Kumar Prasad (PW- 3). The residential premises of the parents of the deceased consisted of only two rooms, one on the second floor which was being used as a bedroom and other on the first floor which was also used as a kitchen. There was a terrace on the second floor just in front of the said bed room. When the dinner was to be served the brother-in-law of the respondent was asked to have it in the kitchen situate at the first floor, the deceased took the food for dinner of the respondent to a room in the second floor in which he was staying.

(3.) It is not in dispute that although as a convoy driver of TELCO, the respondent visited Calcutta on several occasions after solemnization of the marriage, he never visited the deceased although she was staying with her maternal grandfather at Calcutta. It is furthermore not in dispute that when the incident took place the deceased was alone with the respondent on the second floor of the house.