JAJMATANTI BANARA, BANARSI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of the judgement rendered by the 10th Additional Sessions Judge, Munger in Sessions Case No.203 of 1986 by which the two appellants were found guilty of having committed an offence under Sections 302/34 of the IPC and were directed to suffer rigorous imprisonment for life.

(2.) Nobody was named in the FIR which was lodged by the husband of the deceased stating that some unknown thieves broke into his house and his wife, who was sleeping in another room, was murdered. The informant went inside the room with a Dibia (earthen lamp) to find his spouse lying there in a pool of blood.

(3.) As may appear from the evidence of police officers, there could not be any clue about the incidence for quite some times, but some how or the other they could fall back on P.W.1, the daughter-in-law of the deceased and elicit a statement under Section 164 of the Cr.P.C. from her and that could be the basis for sending of the appellants to trial.