RAM CHANDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal arises out of judgment dated 15.12.2000 and order of sentence dated 16.12.2000, passed by Sri Shiva Shankar Sharma, 1 st Additional Sessions Judge, Saharsa, in Sessions Trial No. 231 of 1999 convicting the husband of the deceased Anita Devi for an offence under Section 304 (ii) of the Indian Penal Code to undergo R.I. for five years. It may be mentioned here that the appellant has remained in custody for 1 year, 8 months, and 22 days.

(2.) The prosecution case has been instituted by the Chowkidar of the village Ramautar Sharma. According to the case made out by him in the F.I.R., it is said that he learnt that daughter-inlaw of Domi Sah has been killed by the mother-in-law Budhiya Devi, and her son the appellant. They had taken the deceased to hospital and it is said that she died on the way. After her death, the appellant alongwith his mother tried to dispose of her body in a hasty manner. On learning of the death the informant went the burning ghat and stopped them from performing the last rites. The body of the deceased was taken to the police station from where it was sent for post mortem.

(3.) The prosecution has examined 12 witnesses. Out of 12 witnesses, P.W.1, P.W.2, P.W.3 and P.W.8 the informant, have been declared to be hostile. P.W. 12 is the doctor whereas P.W. 11 is a formal witness. Conviction is thus based on the evidence of P.W. 4 to P.W 9. I should begin with the evidence of the doctor P.W. 12 who has conducted the post mortem on the body of the deceased. The post mortem indicated that there were three injuries by hard blunt substance. One of the injuries led to the fracture of the skull and other two injuries were on the soft tissues on neck and chest. The doctor has also opined that the whole body was swollen specifically neck, right side of chest and face. Injuries also indicate that there was blackening of neck area, right side of chest and auxiliary area and face.