HARDEO SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Hardeo Sahni Stands convicted under Sections 302 and 201 of the Penal Code and sentenced to undergo rigorous imprisonment for life and three years respectively under the two sections for killing his chachi Most. Mandodri and letting her body into the river to flow down with it. The sentences awarded to him by the Trial Court were directed to run concurrently.

(2.) ACCORDING to the prosecution case, in order to grab the lands of his widow chachi Most. Mandodri, the appellant got a transfer deed brought into existence by putting up someone else in her place. When Most, Mandodri came to know about the fraudulent transfer deed, she instituted a case at Motihari (Sadar) Police Station. In that connection a notice had come asking her to give her thumb impression (for comparison with the thumb mark on the deed of transfer). But one day before the date indicated in the notice, while Most. Mandodri had gone to the river flowing by the side of the village for morning ablution, the appellant killed her there and let her body into the river to flow down with it.

(3.) ON investigation the police submitted charge -sheet against the appellant who was put on trial on charges under Sections 302 and 201 Of the Penal Code. The prosecution in support of its case examined ten witnesses. PW 3 Sharvan Sahni was initially examined on 1.7.1998. On that date no one appeared on behalf of the accused to cross -examine him and, a therefore, he was discharged. Later, a petition filed by the defence for his recall was allowed by the Trial Court and by order, dated 6.3.1999 he was recalled for cross - examination. The prosecution, however, failed to produce him for cross -examination and in those circumstances the Trial Court declined to take his deposition into consideration. This leaves nine Witnesses on behalf of the prosecution.