RAJA RAM SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole convict in Sessions Trial No. 278 of 1996 has preferred this appeal against the judgment and order dated 26-5-1998 and 29-5-1998, respectively, passed by Shri Dhrub Narayan Upadhyay, Second Additional Sessions Judge Giridih, convicting the accused-appellant under Section 302 of the Indian Penal Code for committing the murder of his wife Usha Devi and also under Section 25(1-B) (a) and 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for life and three years' rigorous imprisonment respectively and both the sentences were directed to run concurrently.

(2.) The admitted position is that the accused Raja Ram Sao was married to Usha Devi, daughter of the informant (P.W. 13) Raj Kumar Prasad Tamarkar in the year 1995, while the accused-appellant was the resident of Shastri Nagar Block No. 1, Police Station Kadma in the town of Jamshedpur and the informant Raj Kumar Prasad Tamarkar was resident of Giridih. It was a negotiation marriage and the marriage was solemnised at Calcutta in the house of maternal grand-father of Usha Devi, situated at Bhawanipur, Calcutta. Since prior to the date of marriage, deceased Usha Devi was residing in Calcutta with her maternal grand-father. After solemnisation of the said marriage, Usha Devi went to her in-laws house at Jamshedpur and stayed there for about ten days only with her husband accused-appellant Raja Ram Sao and thereafter she went back to Bhawanipur, Calcutta, her nanihal. There also she remained in the nanihal for three months and then she came back to Giridih to her parents house which is situated at Hutti Bazar within the town of Giridih. On 13-7-1996 in the afternoon hours at about 4.00 p.m., Raja Ram Sao came to his sasural and requested the informant party for bidai of his wife Usha Devi. As the informant and his family were not prepared for the same and as such on consultation with the accused appellant it was agreed that on 17-7-1996. Usha Devi would be given bidai. The accused-appellant spent the night in that house and on 14-7-1996, the accused-appellant went to see a Cinema along with his wife Usha Devi and brother-in-law Ranjit Kumar Prasad (P.W. 3). Maitnee show picture was entertained by all the three at Jivan Talkies, situated in the town of Giridih and they came back in the evening. In the night hours, while the night meal was going to be served on the accused-appellant in the upstairs of the house by deceased Usha Devi then she was killed by a gun shot on her forehead.

(3.) On the basis of that fardbeyan, the case was registered and the investigation started. During the course of investigation, inquest was held over the dead body of the deceased Usha Devi and then the same was sent for autopsy by challan. The place of occurrence was visited and from inside the bed-stead in the upstairs room, a blood-stained revolver was recovered being covered with a piece of cloth which was also soaked with blood. The accused-appellant remained all along with the family members of the informant party till he was arrested by the police. After closure of the investigation, charge-sheet was submitted against the accused-appellant under Section 302 of the Indian Penal Code and a separate case being registered on recovery of arms. Charge-sheet was further submitted against the accused-appellant under Section 25 (1-B) (a) and Section 27 of the Arms Act. Both the cases were amalgamated and tried together. Charges were framed under the said Sections of law against the accused-appellant and when the same was read over and explained to the accused-appellant, he pleaded not guilty. The defence case is of simple denial and that he has been falsely implicated in the case.