BISHUNDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Anil Rai has challenged the judgment dated 15th of June, 1991 and order of sentence dated 17th of June, 1991 passed by the learned Sessions Judge, Begusarai in Sessions Case No. 10 of 1990, convicting this appellant and Bishundeo Rai under Section 302, 201/34 of the IPC and sentencing both of them to undergo R.I. for life and for five years respectively and the sentences were ordered to run concurrently. One Sabitri Devi who was 3rd accused of the case was spared.

(2.) THE case has started on the basis of fardbeyan which led to registration of Muffasil P.S. Case No. 105 of 1987 under Sections 302, 201/34 of the IPC (Ext. 3). The informant Baleshwar Sao ­ as Chowkidar bearing his number 9/6 alleged that Anil Rai was married Sunita Devi. She was not being liked so she was killed and her dead body was thrown. The dead body was taken out and the accused persons were carrying it towards Gandak river for throwing it so that the accused persons could be screened from the fences. The FIR was investigated and after investigation charge sheet was submitted and the case was committed to the court of Sessions, where charge under Section 302, 201/34 of the IPC was explained to Bishundeo Rai, Anil Rai and Sabitri Devi. All the accused persons pleaded innocence so the trial proceeded.

(3.) BEFORE the trial court the prosecution examined P.W. 1 Ram Jatan Yadav, P.W. 2 Baleshwar Sao, P.W. 3 Hare Ram Rai, P.W. 4 Ramjee Mohan Rai, P.W. 5 Dr. S.M. Haque, P.W. 6 Rabbi Rai, P.W. 7 Manoj Kr. @ Kari Rai, P.W. 8 Dr. Naveen Kr. Verma, P.W. 9 and 10 Indradeo Choudhary. The post- mortem was conducted by P.W. 9 which was observed by P.W. 5.