RAJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the father and son, above named, have been convicted under Section 302/34 of the Indian Penal Code for committing murder of Babita Devi, who happened to be the daughter-in-law of appellant No, 1 and sister-in-law of appellant No. 2. During the pendency of the appeal, appellant No. 1, Rajendra Singh, died who was previously granted bail at the time of admission of the appeal and such death was informed to the Court by appellant No. 2 vide petition dated 23.7.1996 together with a death certificate to the effect that Rajendra Singh died on 3.6.1996 at his village home at Arha under Bachhawara police station within the district of Begusarai. Such death was recorded by a Division Bench of this Court in the order dated 26.7.1996. In that way, the appeal in respect of Rajendra Singh appellant No. 1 has abated long back. So the present appeal remains in respect of appellant No. 2 Prabhash Singh @ Luteshwar Singh alone.

(2.) The deceased Babita Devi was married to Arjun Singh son of appellant No. 1 Rajendra Singh long back and they had an offspring, a female child, in the name of Preeti Kumari @ Beauty. Arjun Singh, the husband of the deceased Babita Singh was murdered about three years prior to the occurrence and a criminal case for the alleged murder is pending against Supari Jha. After the death of her husband Babita Devi was suffering from some ailment and her treatment although being urged by Babita Devi was being denied by her father-in-law and other in-laws of the family. She took a service an Angan Bari Sebika but her remunerations were also being forcibly taken away by the in-laws and she used to complaint about this to her brother (PW 7) indrajeet Choudhary, the informant in the case, when he used to visit her in her Sasural earlier. It was also mentioned before him by the deceased Babita Devi as alleged that when she wanted to get her share of land separately, the same was also denied by her father-in-law the deceased appellant No. 1 Rajendra Singh and he along with his family members used to curse her by saying that they would be happy if she dies early. It is an allegation that at about 5 a.m., early if the morning, on 12.4.1994 appellant No. 2 Prabhash Singh @ Luteshwar had fired on the back of Babita Devi on the orders being placed by his father the deceased appellant No. 1 Rajendra Singh and as a result of which she died at her room in her Sasural at village Arwa under Bachhawara police station. At the time of such occurrence her female child Preeti Kumari, was beside her and she saw the occurrence of killing of her mother. On that date the informant, Indrajeet Choudhary (PW 7) had gone to visit his Sasural in the neighbouring village Pirhauli and he was informed of the occurrence by an unknown person of village Hadipur and hearing this he came to the place of occurrence and found his sister Babita Devi lying on a cot in a pool of blood and Preeti Kumari was weeping by sitting near her mother. From the neighbours assembled at the place of occurrence he could learn that both the accused-appellants i.e. Rajendra Singh and Prabhash Singh had murdered Babita Devi for the purpose of grabing her share of land. Police arrived at the place of occurrence on hearing a rumour that a lady had been killed at her Sasural, after making sanha report in the police station itself. There at the place of occurrence on the same day at about 8 a.m. PW 7 Indrajit Choudhary had given fardbeyan by stating all the above facts which were recorded by Haidar Ali, Junior Sub-In- spector (PW 9) arid the same has been marked as Ext. 3 in the case. Formal FIR was registered being G.R. Case No. 106 of 1994 under Section 302/34 of the Indian Penal Code. Police started investi- gation but it appeared that the police was not doing investigation in proper way and statements of the witnesses were not being recorded correctly and, as such, the informant (PW 7) Indrajit Choudhary, filed a protest petition being signed by him and counter-signed by his advocate. Such protest petition has been exhibited as Ext. 3/1 in the case. During the course of investigation inquest was held in presence of the witnesses, namely, PW 3 Ram Chandra Singh and PW 6 Bhushan Singh. An empty cartridge was found at the place of occurrence which was seized by investigation officer in presence of PW 4 Dharanidhar Singh. The dead body was sent for post mortem examination through proper challan and PW 10, Dr. A.N. Jha had held autopsy over the same on the same day ie. on 12.4.1994 vide Ext. 9. The injury found on the person of the deceased was in the following form :

(3.) After closure of investigation charge-sheet was submitted by PW 9 Haidar Ali under Section 306/34 of the Indian Penal Code read with Section 498-A of the Indian Penal Code and Section 27 of the Arms Act. On being committed to the Court of Sessions charges were framed by the learned Sessions Judge on 10.5.1995 under Section 306/498-A/34 of the Indian Penal Code and also under Section 302 of the Indian Penal Code read with Section 27 of the Arms Act. When the charge was read over and explained to the accused-persons they pleaded not guilty. Thus, the allegation remain that accused-appellant No. 2 Prabhash Singh @ Luteshwar Singh, who now remains as the sole appellant in the case, had committed murder of the deceased Babita Devi under the orders placed by his father deceased appellant No. 1 Rajendra Singh.