LAWS(PAT)-2015-3-30

RAJESHWAR RAI Vs. THE STATE OF BIHAR

Decided On March 13, 2015
RAJESHWAR RAI Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) SOLE appellant, Rajeshwar Rai who has been found guilty for an offence punishable under Section 302 IPC vide judgment dated 14.08.2014 and directed to undergo RI for life as well as to pay fine of Rs. 10,000/ - in default thereof, to undergo SI for one year additionally vide order of sentence dated 21.08.2014 by 5th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 818/2013, has preferred the instant appeal.

(2.) SHORN of unnecessary details, Bachchi Devi (PW -5) had filed a written report on 01.12.2012 alleging inter alia that her daughter Soni Kumari aged about 14 years had gone with she -goat for grazing at Sareh. There was Keshaw crop in the field of appellant which her daughter uprooted to eat, during midst thereof, Kanchan Kumari, (daughter of appellant, Rajeshwar Rai) and Chandan Devi wife of late Thakur Rai arrived, caught hold her, dragged her, assaulting, towards their house. The appellant also arrived who also assaulted her daughter and after confining her in a room, hanged her on account of which she died. When she along with others came to the house of Rajeshwar Rai to know about her daughter, she had seen the dead body of her daughter lying on the floor in a room, lying east to verandah having western front. Santosh Mahto, Sanjay Mahto, Dilip Kumar, Harendra Mahto had seen the occurrence and also found presence of string hanging from Baneri.

(3.) FROM the mode of cross -examination as well as statement recorded under Section 313 of the Cr.P.C., the defence case happens to be complete denial of the occurrence as well as that of false implication.