DINESH RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Deceased, Nanhee Devi, mother of P.Ws. 1 and 6 was strangulated to death as appears from the evidence of P.W. 9 Dr. Rajiv Ranjan Singh by using a rope. The prosecution came out with the story that it was this appellant Dinesh Rai and his brother Suresh Rai who had killed her and had hanged her dead body up with the help of a rope to a beam of the house of the deceased. The occurrence was witnessed by her two little sons P.W. 1 Raj Kumar aged about 9 years on the day of occurrence and P.W. 6 Vakeel Kumar, aged about 7 years on the day of occurrence. The two little children were forced to keep silent on the threat of being killed as appears from the evidence of P.W. 6 as also from that of P.W. 1. It further appears from their evidence that Suresh Rai the brother of this appellant Dinesh Rai had re-appeared in the room where the dead body had been hanged by the two accused to cut the rope by which the dead body of Nanhee Devi had been hanged to bring the dead body down so as to leaving it in lying-position. Suresh Rai, who was subsequently acquitted in another trial, as per information given to us, went away after bringing down the dead body.

(2.) P.Ws. 1 and 6 both stated that early in the morning on 31.03.1989, they came to the informant Nagendra Rai, their uncle and narrated to him as to how their mother had been killed.

(3.) P.W. 7 Nagendra Rai gave his fardbeyan (Exhibit 1) to the police on the basis of which the first information report of the case was drawn up and the investigation was taken up by P.W. 8 Sub Inspector of Police, Ramanand Singh who came to the place of occurrence to prepare the inquest report (Exhibit 4) and then sent the dead body for post mortem examination which was held by P.W. 9 Dr. Rajiv Ranjan Singh. P.W. 8 inspected the place of occurrence, recorded the statements of the witnesses under Section 161 of the Criminal Procedure Code and after completing the investigation sent up this appellant who, as per the informant had been caught by the villagers in the very morning when P.W. 7 had got the information about the incident and had been handed over to the police.