PARSURAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 13.8.2001 of Shri Aditya Kumar Trivedi, Additional Sessions Judge VI, Begusarai, in Sessions Trial No. 146/95, whereby and whereunder learned Additional Sessions Judge found and held sole appellant Parsuram Yadav guilty for committing an offence punishable under Section 302 of the Penal Code and convicted and sentenced him thereunder to undergo imprisonment for life. The prosecution story as disclosed by informant chowkidar 13/10 Mushharu Paswan (P.W. 1), in his fardbeyan (Ext. 3), in short, is that at about 7 A.M. of 2.5.94 when he had gone to walk his area at Mansoorchak near Bhagwati Asthan, he heard many mohalla people talking that wife of Parsuram Yadav (appellant) died in the intervening night of 1/2.5.94. He also heard some people saying that wife or Parsuram (appellant) died of pain in her stomach. But some other talking that in the evening there had been quarrel between wife and husband and so she was killed by hanging. To know this, the informant (P.W. 1) went to the house of Parsuram (appellant) where he saw dead body of wife of Parsuram (appellant) lying at verandah of the house. The informant when asked as to cause of death of deceased the appellant told that she had died of sudden pain in her stomach. As per informant (P.W. 1) when he alongwith mohalla people saw the dead body they found black ligature mark around neck of deceased and also found swelling in the left palm of deceased. When informant enquired from neighbours they also told that Parsuram (appellant) had killed his wife by hanging. The statement of informant (P.W. 1) was recorded by S.I., S.K. Jha O/C Ballia P.S. at Chhoti Ballia on 2.5.94 at 9 A.M.

(2.) ON the basis of fardbeyan of informant (P.W. 1) Baltia P.S. Case No. 71/94 was registered under Section 302 I.PC. and investigation of the case was taken up. Police after investigation submitted charge -sheet against the sole appellant under Section 302 I.P.C. Thereafter the case was committed to the court of sessions for trial and on completion of trial learned Additional Sessions Judge VI, Begusarai, found and held guilty the sole appellant under Section 302 I.P.C. and further convicted and sentenced him to undergo imprisonment for life, as stated in paragraph 1 of this judgment,

(3.) IN order to prove and establish its case the prosecution examined as many as eight witnesses who are Mushahru Paswan (informant), P.W. 2 Nurul Hassan (Dafadar), P.W. 3 Nago Paswan (Chowkidar), P.W. 4 Suraj Paswan (Chowkidar), P.W. 5 Ram Murat Paswan (Chowkidar), P.W. 6 Dr. Prakash Nandan Singh (Doctor who performed post mortem examination on the dead body of deceased), P.W. 7 Shanti Devi (mother of deceased) and P.W. 8 Shyama Kant Jha (Investigating Officer). Besides, prosecution also brought on record signature of informant on fardbeyan (Ext. 1), post mortem report (Ext. 2), fardbeyan (Ext. 3), formal F.I.R. (Ext. 4) and inquest report (Ext. 5).