SATTAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction dated 20.12.1993 recorded by the then 3rd Additional Sessions Judge, Morihari in Sessions Trial No. 7 of the 1993 whereby and whereunder the appellant- Sattan Ram has been convicted under Section 302 of the IPC and sentenced to rigorous imprisonment for life. The allegation against the appellant, was that he had intentionally committed murder of his wife. Shripati Devi.

(2.) The prosecution case, in brief, is that on 21.9.1992 Sattan Ram, the accused-appellant came to his sasural at about 5 p.m. and after night meal he went to sleep with his wife deceased Shripati Devi in the same room and in the adjacent room the mother-in-law. Most Kabutari Devi was sleeping. In the midnight at about 11 p.m. she woke up hearing some screaming. On coming out of her house she found that in the adjacent room neither her daughter nor her son-in-law was there. She proceeded further and then she saw that her son-in-law, Satan Ram. accused was quarreling with her daughter, Shripati Devi, in the doorsteps of the neighbouring house belonging to Aklu Ram. In course of that quarrel accused-appellant, Sattan Ram, gave a chhura blow on the abdomen just near the chest of his wife, Shripati Devi. The grand daughter of Kabutari Devi, namely, Sursati Devi also reached the place at the relevant time. After giving the blow the accused-appellant left the place leaving behind his wearing apparels including chappal. Due to chhura blow the wearing blouse of the deceased was also cut and blood Was oozing out when the chhura was being taken out by the accused-appellant. It was stated that some blood stains had also fallen into the person of the accused-appellant. The injured Shripati Devi was brought to her house but as soon as she reached there she fell down and almost she died instantaneously. Before her death neighbouring persons including Aklu Ram, his wife and other reached the place of occurrence hearing crying and there Shripati Devi the deceased stated in presence of all that she was given chhura blow by her husband, Sattan Ram. On the next day fardbeyan of Most. Kabutari Devi was recorded at the place of occurrence when police reached there on receipt of information of the occurrence and in thefardbeyan itself details of the occurrence had been given by the informant together with the witnesses present at the time of occurrence. Police held inquest over the dead-body of Shripati Devi and then the dead-body was sent through challan for autopsy. On post-mortem a single injury was found on the person of the deceased causing internal injuries and according to the doctor the injury itself was sufficient for causing death. After closure of investigation, charge-sheet was submitted against the accused-appellant under Section 302, IPC. On being committed to sessions, charge was framed vide order dated 2.2.1993 under Section 302 of the IPC and when the same was read over and explained to the accused-appellant, he pleaded not guilty. The defence case on the very inception was a total denial of the prosecution case but during the stage of trial defence wanted to show that there was a sudden provocation as result of which the deceased was given the blow out of anger by the husband. The reason behind as was attempted to be shown from the side of the defence that deceased Shripati Devi was in illicit relationship with the son of Aklu Ram and perhaps, on the night of occurrence she had come there and by seeing something unnatural the accused-appellant was infuriated and as such he gave the blow. In support of such plea of the defence, during the course of trial no evidence has been given although some suggestions, were put to the witnesses for the prosecution in that light although those have been denied by the prosecution in toto.

(3.) For and on behalf of the prosecution as many as eight witnesses have been examined. Out of then direct eye-witnesses are PW 4, Most Kabutari Devi, mother of the deceased and informant in the case and PW 1, Sursati Devi, the grand-daughter of PW 4. She was also an eye-witness to the occurrence as she had seen the occurrence. Besides them, PW 2, Jaipati Devi, who happens to be the wife of Aklu Ram at whose doorsteps the occurrence took place, PW 3, Sukhari Ram and PW 7, Deo Narain Mukhiya had come to the place of occurrence on hearing huila just after the occurrence and they have supported the prosecution version that the deceased Shripati Devi had made statement to the effect that she was given chhura blow by her husband, Sattan Ram, the accused-appellant. PW 5, Sunil Prasad, is a formal witness. PW 6, Dr. Uday Shankar Pathak had held autopsy over the dead-body of Shripati Devi and found incised injury in between the abdomen and chest of the deceased causing severe internal injury resulting in death. PW 8, Mahesh Prasad Rai, is the Investigating Officer. After scrutinising the evidence on record the learned Court below found that the prosecution could be able to establish the charge against the accused-appellant beyond all reasonable doubt and hence, conviction has been recorded and sentence as mentioned above was awarded.