RAJARAM SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole Appellant has been convicted under Sec. 302 I.P.C. and sentenced to R.I. for life and fine of Rs. 10,000/ -, in default of which simple imprisonment for another six months by judgment dated 23/28.01.2014 passed by the 1st Additional District and Sessions Judge, Rohtas, Sasaram in Sessions Trial No. 471 of 2005.

(2.) The case of the prosecution, according to the dying declaration of Manju Devi recorded on 18.02.2004 at about 8 P.M. at Sub Divisional Hospital, Bikramganj (Dhangai), is that on the same day at about 4.30 P.M. her in -laws had burnt her and even earlier the wife of Jawahar Prasad had been burnt by the in -laws. They always used to threaten her of dire consequences and, therefore, they had burnt her. This dying declaration was recorded by the S.I. Chandeshwar Sharma (P.W.8) in presence of Sanjay Kumar Gupta (P.W.6), Rajesh Kumar (P.W.5) and Sangeeta Devi (P.W.2). Dr. Shivnath Jha, Court Witness No. 1, also certified that the statement had been given in his presence.

(3.) During trial, all the in -laws were charged but while the rest were acquitted, only the Appellant, who happened to be the husband of the deceased, was convicted.