CHANDRA SHEKHAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence recorded in Sessions Trial No. 157 of 1972 through which Shri Nawal Kishore Prasad, second Additional Sessions Judge, Arrah, convicted and sentenced appellants Chandra Shekhar Rai and Depana Devi to undergo life imprisonment for the offence punishable under Section 302 I.P.C. whereas all other appellants were convicted and sentenced to undergo rigorous imprisonment for three years under Section 201 I.P.C. and further appellant Lal Bihari Rai was sentenced to undergo rigorous imprisonment for one year under Section 353 I.P.C. with an observation that all these sentences under different counts shall run concurrently.

(2.) The prosecution case in short is that the informant Ram Naresh Rai of village Ramnagar within Tarari P.S. claimed that her daughter krishna Rai was married with appellant Chandra Shekhar Rai and she had a daughter Nirupama and two minor sons and she was living in her matrimonial house. The said Nirupama along with her two minor brothers came to the house of the informant with the help of some villagers of Jasidhi, P.S. Piro and disclosed to the informant that her father Chandra Shekhar Rai and great grand mother i.e. the wife of Indrashan Rai committed murder of her mother on 15.7.81 and after that she was confined in a room so that she could not disclose the occurrence to any body and then the dead body of her mother was cremated with the help of co-villagers. It has also been alleged that some co-villagers on the very day of occurrence i.e. 15.7.81 reported the matter to Piro police station and as such Piro police came to the place of occurrence village but they could not recover the dead body. The son-in-law of the informant Chandra Shekhar Rai had written two letters to the informant and these letters are also strong evidence to prove the occurrence and so the informant gave his fardbeyan on 1.8.81 at his house village Ram Nagar within Tarari police station and handed over those two letters written by appellant No. l and on that basis the case was instituted against these appellants and some others.

(3.) During investigation the police recorded the statement of some of the witnesses and it was also found that so far the death of the deceased krishna Rai concerned, the matter was reported to the Piro police by some co-villagers and as such one S.I. of police attached to the police station namely, Sri R.P. Singh, who has figured as D.W. 1 had gone to the place of occurrence and recorded the statement of appellant Chandra Shekhar Rai, the husband of the deceased, who claimed that the deceased i.e. his wife died due to illness and at that time the police had not taken any action as against the appellants and others but subsequently this case of murder was registered on the statement of the informant. The police after investigation submitted chargesheet against these appellants and some others.