SHEO BIHARI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 13.12.1999 passed by 1st Addl. Sessions Judge, Buxar in S.T. No. 35/97 whereby the appellant has been convicted for the offence under section 302. IPC and sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 201, IPC and sentenced to undergo rigorous imprisonment for seven years. The sentences were ordered to run concurrently.

(2.) The prosecution case is that one Rina Kumari gave her fardbeyan on 30.9.1996 at about 9 a.m. that previous night she, her mother Phulrasi Devi, her father Sheo Bihari Rai, her brother Pradeep Kumar aged abut five years and two younger sisters were sleeping in a room after taking meal. At about 2 a.m. in the night she woke up on hearing weeping sound of her mother and saw her father Sheo Bihari Rai started cutting the neck of her mother. She also started weeping. All the children woke up. Her father cut the neck of her mother. Blood oozed out from the injury. After some time her father threw the dead body in the river Ganga and returned back to the house and told that her mother had been thrown in the river Ganga and he started weeping.

(3.) On the aforesaid fardbeyan formal first information report was drawn, investigation was taken up and after completion of investigation charge-sheet against the appellant was submitted, cognizance was taken and the case was committed to the Court of Session for trial. The trial Court convicted the appellant as indicated above.