KRISHNA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these Criminal Appeals arise out of same judgment of conviction and sentence therefore, the appeals are disposed of by the common judgment. All these five appellants have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/each and in. default to undergo rigorous imprisonment for six months under Section 302 read with Section 34 of the Indian Penal Code by the Judgment and Order dated 24th August. 1993 in Sessions Trial No. 211 of 1992 on the charge of having committed murder of Krishna Devi wife of appellant No. 1 Ghanshyam Prasad. The sentences are to run concurrently.

(2.) IN brief the case of the prosecution is that Krishna Devi was married about 15 -16 years ago with appellant Ghanshyam Prasad, Since for a pretty long time she could not produce any child appellant Ghanshyam had performed another marriage. Although Krishna Devi was residing with her husband but according to the prosecution witnesses she was always being beaten and tortured. On 19 -5 -1989 at about 8.15 p.m. the informant got information that his sister was murdered by Ghanshyam Prasad and his family members and her dead body was kept locked in a room. The informant at once proceeded to the place of occurrence but none of the accused persons were found present. He thereafter opened the room and found his sister lying dead on the floor. He had also noticed the injuries on the elbow Ear, chest, neck etc. He had also noticed blood coming out of ear of his sister. Immediately thereafter, the informant proceeded to the Police Station and got his fardbeyan recorded alleging that his sister was murdered by her husband and other family members.

(3.) THE defence of the accused persons as would appear from the statement under Section 313 of the Code of Criminal Procedure and also from the evidence of the defence witnesses as well as the trend of cross -examination was total denial of the allegation; According to them the relationship between appellant Ghanshyam Prasad and his wife was cordial. In fact after 14 -15 years of marriage the deceased had delivered a female child but unfortunately she could not survive. Therefore. Krishna Devi was suffering from mental depression and. therefore, committed suicide by hanging. The defence has further suggested that since Ghanshyam Prasad and his father was not present in the house therefore on getting information about the death of Krishna Devi from appellant Sukri Devi, all the three defence witnesses arrived al the place of occurrence arid after untying the rope from the neck of Krishna Devi they brought her down on the floor.