DUKHARAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life vide judgment and order dated 24.8.1994 passed by 4th Addl. Sessions Judge, Vaishali at Hajipur in S.T. No. 176/70 of 1992.

(2.) YOGENDRA Prasad Singh is the informant. He gave his fardheyan on 23.10.1991 at 9 a.m. at the house of his brother -in - law at village Mirza Nagar Tok that his sister Phul Kumari Devi aged about 22. years was married in 1988 with Dukhharan Singh, appellant, according to the Hindu rites. The appellant used to torture her as he had gone in bad company. He was destroying his property. The local Mukhiya Ram Rup Singh got the landed property transferred in the name of his sister Phul Kumari Devi only with a view to save the property. In spite of that he took Rs. 40,000/ - from Ram Lagan Rai and executed mortgaged deed in favour of his wife. He was pressing hard the deceased to register the said deed but she was not ready. On 23.10.1991 at about 8 a.m. his Mama Suresh Singh informed him that Phul Kumari Devi had been killed by her husband, Dukhharan Singh, appellant and his two associates, namely, Lakhan Rai and Amarjeet Rai on 22.10.1991 at about 11 a.m. After committing murder they had left the house. On the said information he went there and found the dead body of his sister. On enquiry he learnt that the appellant along with two others had committed murder and absconded.

(3.) THE defence of the appellant was that he was innocent and had falsely been implicated in the case.