SAJJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been heard together and this judgment will govern both of them. Both these appeals are directed against the judgment and order dated 23rd August, 2002 passed by Shri Ram Prabhu Pandey, Addl. District & Sessions Judge (Fast Track Court No. 1) Aurangabad in S.T. No, 324/1999/152/2002. Both these appellants were accused in the said sessions trial. Both of them were convicted under Sections 304 -B and 201/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for 10 years each and rigorous imprisonment fqr one year each under Sections 304 -B and 201 of the Indain Penal Code respectively.

(2.) THE prosecution case, in short, is that the deceased, Rita Devi, full sister of PW 1, Mahendra Prasad Singh and cousin sister of the informant Ajay Kumar (PW 5} was married to the appellant Shree Singh about two years before the alleged occurrence in accordance with Hindu custom and rites. Appellant Shree Singh had got the hidai of the deceased performed a;bout one month before the alleged occurrence. At that time the deceased was pregnant. On 28.6.1999 PW 1 got an information that the deceased was not available at her house (sasural) and on the following day he went there in search of his sister. There she could neither find her nor any member of her in laws family. He found the house locked from outside. He started searching for his sister in course of which he went to different places. In the meantime on 30.6.1999 PW 5 got an information that a dead body of a female was lying in a well in a place known as Kanap Tand. On receipt of this information PW 5 went there and found a dead body kept in a plastic bag which was floating in the water. Two legs of the dead body were protruding from the bag which disclosed that the dead body was of a female. It was taken out from the well and PW 5 identified the dead body as that of his cousin sister, Rita Devi (deceased). This dead body was taken out in presence of the S.I. of Police (PW 13) who was present there. He proceeded to record the Fardbeyan (Ext. 2) of PW 5 at the spot on 30.6.1999 on the basis of which a formal FIR (Ext. 3) was drawn up. The police after completing the investigations submitted charge -sheet. The cognizance of offence was taken and thereafter the case was committed to the Court of Session. It was ultimately heard by the learned Addl. Sessions Judge named above who convicted the appellants in the manner indicated above.

(3.) SIMILAR grounds have been taken in Cr. Appeal No. 526 of 2002 filed by the appellant, Sajjan Singh, the father -in -law of the deceased in this appeal also the appellant has contended that he has been falsely implicated in this case and is completely innocent. There is also sic statement about PWs 2, 3 , 8 and 10 having been declared as hostile and the impugned judgment has been said to be based on the hearsay evidence of the witnesses who are family members of the deceased. On these grounds it has been contended that the impugned judgment of conviction be set aside and this appellant be acquitted.