RANCHANDRA SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The conviction of the appellants who are son and father, under Section 302/34, IPC is based on circumstantial evidence. The deceased, Asha Devi, was the wife of appellant No. 1 and the daugher-in-law of appellant No. 2.

(2.) The prosecution case is that Asha Devi, deceased, was married to Ramchandra Sao, appellant No. 1 in the year 1982 but she had gone to live with him in December, 1983.

(3.) Later on a day when her husband was not at home her father in law, Girija Sao, appellant No. 2 is said to have caught her by the arm with meaningful glances. On account of his undesirable advances she reported the matter to her husband and certain ladies in the neighbourhood. A Panchayat was convened where the incident was discussed and a decision was awarded that separate residence be set up for father and son. Asha Devi and her husband would live separately and not in the house of her father-in-law. All the same the parties kept living together and two months went by. This part of the prosecution story remains unquestioned because admission in regard to the decision of the Panchayat has been made by the appellants in their statements under Section 313 of the Code of Criminal Procedure at the trial. On 21-2-84, the first appellant went to village of his father-in-law, Babu Lal Sao (P.W. 5) and told him that his wife since the previous day was missing and thinking that she might have come to him, he had come to search for her. This caused anxiety to P.W. 5, who then came to the village of the appellant. The following day on 22-2-84 the body of Asha Devi on its own was found floating in the well. P. W. 5 thereafter went to the Police Station and informed the incident in the manner stated above. The police came and brought out the dead body. The appellants were arrested as suspects and were finally put up for trial before the Court of Session.