LOKNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) LOKNATH singh and Baijnath Singh have preferred this appeal against the judgment dated 2nd January 1989 passed by learned 4th Additional Sessions Judge, Aurangabad, whereby he held guilty both the appellants under sections 302/34, 364/34 and 201/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life under section 302/34, 10 years rigorous imprisonment under section 364/34 and 7 years rigorous imprisonment under section 201/34 of the Indian Penal Code. The sentences were ordered to run concurrently.

(2.) AFTER recovery of a dead body of a woman in Rehua Nala in opposite of Chulhai Bigha, the First Information Report was registered against the unknown on the basis of fardbeyan of Choukidar Muneshwar Dusadh, which resulted in a case under section 302/201 of the Indian Penal Code vide Barun P.S. Case no. 47(5)81 dated 24.05.1981, subsequently another information was given by Chandrika Singh (P.w.10) cousin of the alleged deceased which resulted in Goh P.S. Case no. 86(5)81 dated 25.05.1981. In the fardbeyan Chandrika Singh (P.W.10) stated that Sumitra Devi (alleged deceased in the present case) daughter of Sheo Gulam Singh (P.W.2) was his cousin. She was married with appellant Loknath Singh, she was aged about 20 years and was carrying pregnancy of four months. She was not of fair colour, so she was not liked by her husband. Appellant Baijnath singh is friend of Loknath Singh. Baijnath Singh had a common motive to eliminate Sumitra Devi so that one distantly related sister of Baijnath Singh could be married to Loknath Singh. Both accused/appellants were friend from their school days. That relative of Baijnath Singh was of fair complexion and was beautiful lady.

(3.) TWO inquest reports of the two portions of the dead body were marked as Exhibits 3 and 3/1. Whereas post mortem examination report of the dead bodies were marked by the prosecution as Exhibit 7 and 7/1. First Information Report of Goh P.S. Case No. 86(5)81 and Barun P.S. Case No. 47(5)81 are marked as Ext. 2 and 2/1 respectively. Seizure list of cloths and box which allegedly belonged to the deceased woman was marked as Ext. 5. The articles were identified and identification chart is Ext. 6.