HARI SHANKAR SHARMA @ BIJLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant has preferred this Appeal against his conviction for the offence under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years as awarded on 30th July 2002 by the learned 1st Additional Sessions Judge (Fast Track Court), Sitamarhi in Sessions Trial No. 299 of 1997/225 of 2001 arising out of Nanpur P.S. Case No. 122 of 1996, initially instituted for the offence under Sections 304B of the Indian Penal Code against only co -accused (non -appellant), Navin Kumar Mishra, the husband of the deceased who stand acquitted by same judgment.

(2.) THE prosecution case in short as revealed from Ext. 4, fardbeyan of PW -7, Shanti Devi, mother of the deceased, recorded on 23.11.1996 at 17 hours is that her daughter, Bandana aged about 20 years was married with one Navin Kumar Mishra (co -accused) a few months ago. Gifts etc. were also given as per capacity. Roughly one and half months before she had visited the place of her parents along with her husband on the occasion of Durgapuja and remained there for about 18 days. During the period, the appellant who had earlier been operator of Flour Mill of the informant taking undue advantage of relationship provided wine to the co -accused and in intoxicated stage shown him negative/photograph showing his soft relationship with the deceased consequently co -accused became annoyed. Any how the matter was pacified only on the assurance of providing a motorcycle as demanded by him and, thereafter, couple came back. Roughly 20 days ago suddenly information was received that the deceased has committed suicide since she was being tortured for the alleged relationship with the appellant and demand of motorcycle etc.. Anticipating her killing by the co -accused, the case was instituted only against him and the fardbeyan was recorded in presence of one Lalita Thakur, PW -8.

(3.) IN order to substantiate the charges, the prosecution has produced the following documentary evidence besides examining altogether 11 witnesses, which is as under: -