SITARAM SAO AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by Sitaram Sao and his second wife Sabita Devi who have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life for having murdered Nirmala Devi who was the first wife of appellant No. 1 in the night between 7th and 8th of February, 1989 at village Pindarkum, P. S. Baiumath in the district of Palamau.

(2.) According to the evidence produced during the trial, on 8-2-1989 at about 5 p.m., Choukidar Deenanath Ram (PW 2) of Baiumath police station had gone to the village in question at about 3-4 p.m. where he came to know from the villagers that the first wife of appellant No. 1 (Nirmala Devi, deceased) was killed and her deadbody was lying in the house of Sitaram Sao. He went to the house of Sitaram Sao where he found the deadbody of Nirmala Devi, first wife of the appellant No. 1 on a cot. One Sanu Mian who is a neighbour of Sitaram Sao told him that it was a case of murder. Choukidar (PW 2) immediately went to the police station and lodged information of the occurrence. The Officer-in-charge asked the informant-Choukidar to remain at the place of occurrence. The informant in his Fardbayan had stated that he had seen several injuries on the person of the deceased which ha did not state in his evidence. Therefore, the prosecution counsel cross-examined the informant and invited his attention to the Fardbayan, But in court he stated that he had not even seen the deadbody which was covered with a cloth.

(3.) Md. Sanif (PW 3), a neighbour of the appellant, has deposed that he had come out of his house in the mid-night when he heard the sound of 'thas thus' from the house of the appellant. The sound resembled a sound produced by ox rubbing its horns. He bad not heard any sound of quarrel from the house of the appellant except the sound aforesaid. He had seen the deadbody of the first wife of the appellant No 1 after the police arrived and did not find any injury. This witness too was declared hostile, as he did not stick to his earlier version before tbe police. He denied entire statement given before the Investigating Officer during investigation.