DEVANAND PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/- in default of which further one month rigorous imprisonment by judgment and order of conviction dated 13.12.2011 passed by the Additional Sessions Judge, FTC IV, Supaul, in Sessions Trial No. 141 of 2009/50 of 2011 arising out of Birpur P.S. Case No87 of 2007.

(2.) The case of the Informant, Godo Devi, is that her daughter Raj Kumari Devi had been married about ten years ago to one Burhwa, who left for Delhi for earning wages and did not return. She did not have any children from the said marriage and since he did not return her daughter stayed in the maternal home with her. Later, the Appellant married her even though he was earlier married and had five children. After marriage, her daughter started staying with the Appellant and his first wife and even gave birth to one son, who was about one year old. About five days ago, the deceased had come to her maternal home and started living there but on asking she did not reply anything. On 30.07.2007 at about 8.00 PM, the Appellant came to the house and after dinner his daughter and son-in-law both went to sleep in one room. At about 4.00 AM, she suddenly heard the sound of her grand-son crying at which she started to wake her daughter but found that she was dead. Her son-in-law, the Appellant, was not there. She then started crying and filed the present First Information Report.

(3.) During trial, the prosecution examined eight witnesses.