AWDHESH KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal arises out of the judgment and order, dated 12th December, 1995, passed by Sri Rana Abhay Singh, Additional Sessions Judge, XI, Gaya, in S. Tr. No. 13 of 1991/48 of 1993, by which he has convicted the appellant for offence under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years, however, acquitted the appellant of the charge under Section 302 of the Indian Penal Code.

(2.) THE prosecution case, as alleged in the written report of the informant, Kiran Kumari Sinha, that her husband, Awdhesh Kumar Sinha, has murdered her younger sister, Smt. Kalpana Kumari, on 03.09.1988 in collusion with Suryadeo Singh and Ram Pravesh Singh. It has, further, been alleged that in 1979 accused, Awadhesh Kumar Sinha got married with Smt. Kalpana Kumari after kidnapped her and also used to subject her to cruelty. It is further alleged that Awadhesh Kumar Sinha also married with a girl Unman Gupta, daughter of Nalini Kumar Gupta. After marriage with Unman, Awadhesh Kumar Sinha came to village Pararia where Unman learntabout marriage of Kalpana with Awadhesh then left the place with plea that she can not live with Kalpana and Kiran.

(3.) THE prosecution case as alleged that the husband of Smt. Kiran Kumari Sinha, namely, Awdhesh Kumar Sinha, was married with her second sister, Smt. Kalpana Kumari Sinha, by kidnapping her and has murdered her on 03.09.1988. THE information about the death of Smt. Kalpana Kumari Sinha has been communicated to informant, Smt. Kiran Kumari Sinha, by one Dr. Jadav Prasad, hence, apparently the informant is not an eye witness.