SHAILESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Devendra Narayan Singh, the learned Advocate for the appellant and Mr. Bipin Kumar, the learned APP for the State.

(2.) The appellant, who is the husband of the deceased, is alleged to have slit the neck of his wife, namely, Kunti Devi (deceased).

(3.) The appellant has been convicted under Sec. 302 of the IPC vide judgment dtd. 5/3/2016 passed by the learned Additional District and Sessions Judge V, Saran at Chapra in Sessions Trial No. 545/2013 ' Reg. No. 67/2014, arising out of Khaira (Nagra) P.S. Case No. 139/2012. By order dtd. 9/3/2016, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs.20,000.00 and in default of payment to further simple imprisonment for two years. The appellant has, but, been acquitted for the offence under Sec. 3/4 of the Explosive Substances Act, 1908 on account of paucity of evidence and no sanction having been obtained for proceeding against the appellant under the aforesaid Sec. of Explosive Substances Act, 1908.