UMESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Kumar Uday Singh, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.

(2.) The appellant has been convicted under Sec. 302 of the Indian Penal Code, vide judgment dtd. 19/4/2016 passed by the learned Additional District & Sessions Judge-II, Katihar in Sessions Trial No. 333 of 2012 arising out of Manihari P.S. Case No. 167 of 2011. By order dtd. 21/4/2016, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs.5,000.00 and in default of payment of fine, to further suffer S.I. for three months for the offence under Sec. 302 of IPC.

(3.) The deceased/Parwati Devi was allegedly killed at the hands of her husband/appellant and other in-laws on 25/10/2011 in her house. She had been married to the appellant for eight years and had given birth to two daughters, who are still residing with the appellant. The information about the killing of the deceased was first received by Nandlal Sharma, her brother who has been examined as P.W. 6 at the trial. He lodged the FIR on 25/10/2011 at about 01:20 P.M. alleging that on 24/10/2011, when he had met his sister, she had disclosed that she was being ill- treated by her in-laws and the appellant. They had threatened her that she would be killed one day. After meeting his sister, P.W. 6 went back home. In the morning of 25/10/2011 at about 7.00 O' Clock in the morning, he was informed by a villager that his sister has been killed. He wanted to immediately rush to the matrimonial home of the deceased but was prevented from doing so for about an hour. Later, when he went to the matrimonial home of the deceased, he found her lying dead. The persons of the neighbourhood, were lamenting that the accused persons ought not to have done this to the hapless lady. He has also alleged in the FIR that his sister was always troubled for not bringing sufficient dowry from her home. The aforenoted fardbeyan/statement was given by P.W. 6 in presence of one Madan Yadav, a co-villager.