SHASHI SHUSHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant in this case has been convicted under Section 302/201 of the Indian Penal Code and sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 201 of the Indian Penal Code. However, both the sentences have been ordered to run concurrently.

(2.) The allegation against the appellant is of committing the murder of his wiJe Usha Devi and for screening himself from the legal punishment, he made to disappear the evidence of murder by concealing the deadbody of his wife.

(3.) The brief facts of the case run as follows. The informant in this case in Rakesh Mohan Sinha, officer-in-charge of Govindpur Police Station who has been examined in the case as PW 7. He filed a written report with the Telco Police Station which had got the jurisdiction over the place of occurrence of the case. As per that report, Ramashray Prasad, Ex-Militaryman of Village-Garairabigha, Police Station Ekanger6arai, district Nalanda, sent a petition on 10-8-1984 at his police station which was received on 20-8-1984 and a Sanha Entry No. 406 of that date was made. As per that petition, the daughter of Ramashray Prasad, namely, Usha Devi was married to Shashi Bhushan Yadav, accused-appellant son of Ram Prasad Yadav in the year 1981. Duragaman (Gawana) was performed in the month of Baisakh in 1984 and his daughter went to her in-laws house at village Barbigha, Police Station Ekangersarai, in the district of Nalanda, and from there, she returned to his house on 25th/26th June, 1984. Then it was alleged that on 12th, July 1984, his son-in-law i.e., the accused-appellant, Shashi Bushan Yadav came to his house for Bidal of his wife. Accordingly Usha Devi was sent with him to Tata Nagar Govindpur but after some days he got a letter (Inland letter) written by his son-in-law dated 30th July, 1984, from Madras Central to the effect that his daughter died all on a sudden at Madras. Then he contacted his Samdhi Ram Prasad Yadav at Patel Nagar-Chhota Govindpur and enquired about his daughter but the later told him that he had no information about his daughter and then and then only suspecting foul play, he made a petition on the basis of which Sanha entry was made, as mentioned above. In the petition, it was further stated that he doubted that his daughter was either kept some where secretly or killed by her husband and Sasural people. Along with that petition, he also attached the Inland letter of the accused-appellant alleged to be written from Madras Central. On the basis of that Sanha report, PW 7 made enquiries and through imformers be could know that Shashi Bhushan Yudav was not available but after about ten months i.e., on 13th May, 1985, he got a confidential report that the accused appellant had come to bis father's house at Patel Nagar. On the basis of that confindential information, he along with his three Constables left the police station at about 1.30 p.m. on that date for Patel Nagar. After reaching the house of Ram Prasad Yadav at 2 p.m. He saw one person standing outside, but on seeing the police he became nervous and tried to run away but on chasing he could be cought hold of and enquiries were made about Sanha report. First of all, he denied every thing but on interrogation, he narrated that after taking his wife Usha Devi from the house of her father on 12-7-1984, he came to Patna at noon and on the same day he boarded Patna Tata Express train for Tatanagar at 5 p.m. and on 13-7-1984 at about 9 a.m. he reached Tatanagar Railway Station along his wife. After keeping his wife awaiting at the Platform he came outside the Station and purchased a Chhura and kept it concealing in his Paint. Then he took Usha Devi outside the Station and hiring a Tempo and came to Sakchi Bus Stand from where hiring another Tempo and took his wife Usha Devi to Telco-Hudco Hill area at about 1 p.m. Then he along with his wife went to Hill side and they sat and talked for sometime. In the meantime he took out the dagger and cut the throat of his wife and also caused injuries on the stomach by stabbing. She died instan taneously and then he threw the deadbody in a nearby ditch covered with bushes and from there he returned to Sakchi and then by boarding Tata-Madras Express from Tatanagar Railway Station, he went to Madras. For some days he wondered here and there and sent an Inland letter to his in-law's house and he concealed himself till then.