RATNESHWARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the above said Criminal Appeals have arisen out of judgment of conviction dated 05 -03 -2001 and order of sentence dated 07 -03 -2001 passed by Sri Ramjee Pandey, Ist Additional Sessions Judge, Bhabua in Sessions Trial No. 27/04 of 1998 by which and whereunder, all the above -said appellants have been convicted for the offence punishable under Sections -304B/201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section -304B of the Indian Penal Code and also sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section -201 of the Indian Penal Code. All the sentences were ordered to be run concurrently and, accordingly, a common judgment is being passed in both the above -said criminal appeals.

(2.) THE prosecution case, in brief, is that P.W. 4, namely, Krishna Devi gave her fardbeyan to Officer -in -charge of Chand Police Station on 20 -06 -1997 at about 3.00 p.m. at her home to this effect that in the noon of 20 -06 -1997, she heard noise that the appellant in Criminal Appeal No. 145 of 2001 was killing his wife and having heard the aforesaid noise, she went running to the house of appellant in Criminal Appeal No. 145 of 2001 and found that western door of the house was closed. She opened the door and saw that the wife of appellant in Criminal Appeal No. 145 of 2001 was lying on earth and the appellant in Criminal Appeal No. 145 of 2001 was pressing her neck. She further noticed that appellants; Munna Singh, Surali Singh and Murali Singh were on her chest whereas; appellant Ratneshwari Singh and accused, Jhuna Devi were standing there and exhorting others to kill her at once. The wife of appellant in Criminal Appeal No. 145 of 2001 was crying. She asked the aforesaid persons as to what they were doing, on which, the appellant in Criminal Appeal No. 145 of 2001, abused her and gave threat to kill her and, thereafter, she came out and raised alarm. The aforesaid persons brought the wife of appellant in Criminal Appeal No. 145 of 2001 out from the house and FIR named accused, Jhuna Devi, was having a plastic tanker. The aforesaid persons kept the wife of appellant in Criminal Appeal No. 145 of 2001 on a heap of paddy straw and, thereafter, sprinkled Kerosene oil and lit the fire in the heap of paddy straw. She claimed that wife of appellant in Criminal Appeal No. 145 of 2001 was killed by the aforesaid persons by putting pressure on her neck and chest and with a view to disappear the evidence, they set fire on her dead body.

(3.) ON the basis of aforesaid fardbeyan of the P.W. 4, Chand police drew up a formal first Information Report (Ext. 5) and registered a case bearing Chand P.S. Case No. 46 of 1997 for an offence punishable under Sections -302, 201/34 of the Indian Penal Code against the appellants and one, Jhuna Devi.