BIJOY SAH, SON OF PARSURAM SAH, RESIDENT OF VILLAGE-BHASAR, P S & DISTRICT-SITAMARHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal by the sole-appellant is directed against the judgment and sentence dated 27.01.1989 passed by the learned Sessions Judge, Sitamarhi in Sessions Trial No.41 of 1987 by which the learned Sessions Judge having found the appellant guilty of committing offence under Section-302 of the Indian Penal Code (IPC) has sentenced him to undergo rigorous imprisonment for life. The appellant is said to have murdered his wife Gayatri Devi.

(2.) It may be noticed here that while registering the case itself the Officer-in-Charge of Sitamarhi Police Station noted thereon that it relates to Sitamarhi U.D. Case No.09 of 1986. It may also be noted here that at about 5:30 pm on 12.11.1986 an information was given to Sitamarhi Police Station (Ext.3) which laid to registration of U.D. Case No.09 of 1986, inter alia, alleging that Gayatri Devi the wife of the appellant had locked herself in a room and poured kerosene oil and lit herself. Seeing the smoke and sound from the locked room the door was broken but she had died by then. Police immediately arrived and inquest report (Ext.4) on the same day was prepared noting that the death was apparently suicidal and not homicidal. Police recovered the broken door latch on the same day and prepared a seizure list (Ext. A) which was duly witnessed by Jindar Mahto (D.W.1) and Asharfi Mahto (D.W.2) and this exhibit is admitted by the Investigating Officer, Baleshwar Ram (P.W.15) in his deposition.

(3.) The dead body was then immediately sent for postmortem examination which was carried by Sri Dharmdeo (P.W.9), Civil Assistant Surgeon of Sitamarhi Sadar Hospital on 13.11.1986 at 11 am and Ext.1 is the postmortem report.