LAWS(PAT)-2004-1-36

BIGAN PRAJAPAT Vs. STATE OF BIHAR

Decided On January 21, 2004
BIGAN PRAJAPAT Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The sole appellant of this appeal has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life for having killed Anchhi Devi, his wife in the night of 22/23.9.1993 at village Maraha within Dumaria Police Station of Gaya district.

(2.) The prosecution was set in motion by the deceased's father, Somar Prajapat. On 13.9.1993 at 12.00 noon he made a fardbeyan to S.I.J.L Das of Dumaria Police Station stating that his daughter Anchhi Devi was married to the appellant about 20 years' ago. Soon after the marriage the appellant started ill-treating her. In fact, after five years of marriage he married again in village Bhagia. After panchayati he agreed to keep Anchhi Devi. Though she started living with the appellant, ill-treating continued. In course of time two daughters and a son were born to her. At the time of occurrence again she was pregnant. At about 7 a.m. he learnt from two persons of village Marha that his daughter had been killed by the appellant. Hearing this he went to the appellant's house and found Anchhi Devi lying dead. The villagers told him that she had been strangulated to death by the appellant.

(3.) On the basis of the said fardbeyan Dumaria P.S. Case No. 37/93 was registered and the investigation commenced. After completing the formalities, charge sheet was submitted against the appellant and he was put on trial.