DHONGAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 10.01.2006 and order of sentenced dated 13.01.2006 passed by Shri Diwakar Mishra, learned Additional District & Sessions Judge, Fast Track Court No. V, Samastipur in Sessions Trial No.338 of 2001/314 of 2004 arising out of Khanpur P.S.Case No.42 of 2000 dated 03.09.2000 by which he has convicted the sole appellant for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case as alleged in the first information report by the informant, namely, Nirmala Devi, wife of appellant Dhongal Ram is that her first marriage was solemnized with one Budhan Ram of Samastipur district by which she was blessed with a female child but Budhan Ram left the informant and re-married with another lady and then informant performed her second marriage with the appellant Dhongal Ram, resident of village Hasanpur, P.S. Khanpur, District Samastipur. The further case is that after the marriage of the informant, she went along with her child to her second husband Dhongal Ram and began to live with him. It is further alleged that on Saturday, one day prior to the lodging of the First Information Report, when her husband was at the house, she went outside and when returned at about 2:00 P.M., she did not find her husband and daughter. At 4:00 P.M. when her husband returned to the house she enquired about her daughter from her husband then he disclosed that the child has been sent to her Mausi. However, on repeated request to bring the child, the appellant at about 6:00 - 7:00 P.M. came along with the girl child in dead state and kept her on the Darwaja and disclosed that he has killed the female child and concealed. She alleged that her husband has killed the child.

(3.) The fardbeyan of the informant recorded at 12.30 hours on 03.09.2000 at the door of appellant Dhongal Ram and on that basis the First Information Report was lodged. During investigation, police recorded the statement of the witnesses and got the post mortem examination of the victim-child conducted by the Medical Officer and after completion of investigation, submitted charge-sheet on which cognizance was taken. The case committed to the Court of Sessions. During trial eight witnesses were examined by the prosecution. However, neither the informant nor the Investigating Officer has been examined in this case. The doctor has been examined as P.W.7 who has opined that the post mortem conducted on 04.09.2000, time elapse since death is 36 hours and the injuries are two bruises on the chest and upper part of side of neck below left ear and on dissection of chest there is fracture of all the ribs with laceration of both lungs and plura.