LAL KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Lal Kishore Singh who has been found guilty for an offence punishable under Section 304B of the IPC vide judgment of conviction dated 14.02.2012 and sentenced to undergo R.I. for 10 years vide order of sentence dated 16.02.2012 by Additional Sessions Judge, FTC -IInd, Sitamarhi in Sessions Trial No.408 of 2000/7 of 2009 challenged the same und er present appeal.

(2.) PW -1, Md. Noman gave his fardbeyan on 28.08.1999 at about 11:00 A.M. before Officer -in -charge, Sitamarhi at Bhairo Kothi disclosing therein that on the same day at about 08:00 A.M. while he had gone to Bhairo Kothi Chowk, he came across the news that a girl wearing "Samij -Salwar" has been murdered and her dead body is lying South to village by the side of the road. He rushed and found thousand of people assembled there. He found the dead body. He made query from the persons with regard to identify of the dead body, but none had claimed. After close inspection of dead body he had seen blood coming out from right side of eyebrow. So, he apprehended that the girl might have been murdered at some other place and then her dead body was thrown to that place.

(3.) DEFENCE of the appellant as is evident from mode of cross -examination as well as from the statement recorded under Section 313 of the Cr.P.C. is of complete denial of the occurrence. It has been pleaded that Rajni Devi was his wife who was suffering from ailment since before and as his condition deteriorated, on account thereof she was taken to Sadar Hospital, Sitamarhi on 29.08.1999 where she was treated as indoor patient and during course of treatment, she died. To support the same, apart from exhibiting series of documents, two DWs have also been examined.