RAMAYAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though the appellants along with Ramdeya Devi were charged for the offence publishable under Section 302/34 of the Indian Penal Code, they were acquitted of the charges. The trial Court, however, found appellants guilty under Section 201 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for a term of seven years which is impugned in this appeal.

(2.) The factual matrix appearing from the earliest version of Baliram Rai PW 3 and also narrations made by the witnesses at trial had been that the said Baliram Rai was informed by his son Brahmadeo Rai who had gone to flour mill, that Raj Kumari Devi, his sister had been killed, pursuant to which, Baliram Rai along with others proceeded for village. However, he met the appellants and others in the midway who were carrying the dead-body of Raj Kumari Devi for cremation and it was alleged that when they asked them about cause of death of the deceased, they stated it due to stomach pain. However, when the said Baliram Rai insisted for seeing the dead-body they left it and made good their escape. Baliram Rai however, noticed the sign of strangulation on the dead-body of the deceased and with these accusations prosecution was launched against the appellants and others. During investigation, the police recorded statement of a number of witnesses, got autopsy held over the dead-body, and on conclusion of investigation laid charge-sheet against the appellants and Ramdeya Devi. In the eventual trial that commenced, the State examined altogether five witnesses who were brother and father of the deceased, a formal witness and also two other witnesses who were tendered by the State.

(3.) The defence of the appellants before the Court below and this Court had been the denial of allegations and their false implication, due to death of Raj Kumari Devi in laws house. The trial Court however, negativing the plea of innocence of the appellants, while acquitting the appellants for the charges under Section 302/34 of the Indian Penal Code, recorded finding of guilt under Section 201 of the Indian Penal Code and sentenced them in the manner stated above.