MADHUSUDAN GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal under the proviso to Sec. 372 of the Code of Criminal Procedure has been preferred against the judgement, dated 9.9.2015, passed by the learned 3rd Additional Sessions Judge, Bagaha, in Sessions Trial No. 411 of 2004 arising out of Ramnagar PS Case No. 43/95, whereby he has recorded acquittal of respondent Nos. 2 and 3, who stood charged of the offences punishable under Sections 302 and 321 read with Sec. 34 of the Indian Penal Code.

(2.) From the records, it appears that respondent No. 2 lodged a written information to the effect that his wife, Shanti Devi (the deceased), had been missing since 17.4.1995, and, then, information was recorded in the police diary on 18.4.1995. The police are said to have deputed an informer to collect information in this regard, where after it was reported to the police that the deceased was killed and her dead body was concealed in the western room of her house at village Kumbhiya Khurd. It was also reported to the police that respondent No. 2 and respondent No.

(3.) had come at village Kumbhiya Khurd to dispose of the dead body. The dead body was, thereafter, found concealed, in a room of her house at village Kumbhiya Khurd, where the deceased used to live. 3. On the basis of the information so received, First Information Report came to be instituted and the police, on completion of investigation, submitted charge sheet, where after the learned Assistant Judicial Magistrate took cognizance of the offence and the case was committed to the court of sessions on 2.7.2004. Charge was framed on 30.11.2004.