JETHU PAHARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Jethu Paharia has been convicted for the offence under Section 302 of the Indian Penal Code on the charge that he has committed the murder of his wife Margi Paharia and, therefore, sentenced to undergo imprisonment for life.

(2.) The case of the prosecution, as would appear from the fardbeyan of Kabra Paharia, the informant (PW 6), in short, is that appellant Jethu Paharia had gone to Banjhi Hatia with his wife to purchase food materials on 10.4.1990. When the appellant returned to his house, he informed Kabra Paharia and other co-villagers that he had killed Margi Paharia on the way to village, while coming back from Banjhi Hatia and the dead body was kept in the house. On receiving this information, the informant and other villagers went in his house and found the dead body of Margi Paharia lying there. The police on the basis of the aforesaid statement, registered a regular case and after examining the prosecution witnesses and having completed all other formalities submitted charge-sheet against the appellant. The Chief Judicial Magistrate, thereafter, took cognizance of the offence and committed the case to the Court of Sessions, calling upon the appellant to face the trial.

(3.) The defence of the appellant, as would appear from his statement under Section 313 of the Code of Criminal Procedure as well as the trend of cross-examination to the prosecution witnesses was total denial of the allegation. He further stated that in fact, Margi Paharia died due to fall on rock while on the way they were returning from Banjhi Hatia.