SHALIGRAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) DATE : - 10 -04 -2014 The two appellants are related as father and son - appellant Shaligram Singh being the father of appellant Binod Kumar. Both of them were charged by the learned Presiding Officer, Additional Court No.I, Nalanda at Biharhsarif with committing an offence under Section 302/34 IPC to be put on trial in Sessions Trial No.229 of 1987/58 of 2001. The judgment was delivered by the Presiding Officer, Fast Track Court No.I, Nalanda at Biharsharif on the 26th of July, 2002 by which the two appellants were held guilty of committing the offence and each of them was directed to suffer rigorous imprisonment for seven years. The father and son, i.e., the two appellants have preferred the two appeals to challenge the judgment of conviction and order of sentence.

(2.) SOME of the undisputed facts are that the deceased Dharmashila Devi was the daughter of P.W.2 Kapildeo Singh and was married to appellant Binod Kumar some times in the year 1979. As appears from the evidence of P.W.1 Shivbalak Singh as also from the evidence of P.W.2, the informant Kapildeo Singh who was also the father of the deceased. It is also not disputed that she was living at the time of occurrence in the house of the appellant and that she died there. There is no dispute in the fact that after the death of Dharmashila Devi her dead body was cremated and it also does not appear much in dispute that P.W.2, the father of the informant did not have any information from the side of the accused.

(3.) THE investigating officer has not been examined, but it appears that on the basis of Ext -2 which was written by P.W.1 Shivbalak Singh who happened to be the brother -in -law of P.W.2 and the maternal uncle of the deceased was the basis for drawl of the FIR (Ext -4). The investigation was taken up which ultimately resulted in chargesheet being submitted for the trial of the two appellants.