ANIL RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Anil Rai has been found guilty for the offences punishable under Section 302/34 IPC, 201/34 of the IPC vide judgment of conviction dated 01.12.2011 and sentenced to undergo R.I. for life as well as fined of Rs.5000/- in default thereof, to undergo imprisonment of six months for an offence under Section 302/34 IPC, R.I. for two years for an offence punishable under Section 201/34 of the IPC with a further direction to run the sentences concurrently with a further direction of set off the period having undergone during pendency of trial in terms of Section 428 of the Cr.P.C. vide order dated 02.12.2011 by the Fourth Additional Sessions Judge, Bagaha, West Champaran in Sessions Trial No.188 of 2009 / 157 of 2010.

(2.) PW.6, Sudama Singh gave his fardbeyan on 21.11.2008 at 10:30 AM at the house of his daughter Guddi Devi (deceased) lying at village Bararia before police official of Bhitaha (O.P.) disclosing therein that on the same day at about 08:00 AM his another daughter Maya informed that she came across the news of murder of Guddi whereupon he along with his son Awadhesh as well as other family members came at the house of Guddi where they saw dead body of Guddi. On query made from neighbours, he came to know that her husband Anil Rai along with his father Ramjee Rai and brother Ashok Rai committed murder of Guddi in the preceding night by throttling and then put the dead body on fire keeping it in the Aagan in order to give it a colour of suicide. The motive for occurrence has been shown as Anil Rai happens to be drunkard and was in a way to get his appointment under Shiksha Mitra and for that, he was insisting upon Guddi to bring Rs.1,50,000/- from his place. Guddi had disclosed the same, whereupon he shown his inability as, he has to marry another daughter. He also came to know that Anil Rai has developed illicit relationship with his Bhabhi and for that, he was regularly assaulting Guddi. Awadesh Kumar Singh (PW.2), Manoj Rai (PW.3) and Amar Kumar Singh (PW.13) stood as FIR attesting witness.

(3.) On the basis of the aforesaid fardbeyan, Thakraha (Bhitaha O.P.) P.S. Case No.157/2008 was registered under Section 302, 201/34 of the IPC whereupon investigation commenced and during course thereof, as appellant was apprehended, on account thereof, charge sheet was submitted against him keeping the investigation pending against other co-accused whereupon, cognizance of offence was taken and ultimately, the appellant put on trial by way of commitment on account of offences being exclusively triable by the court of Session which ultimately concluded adverse to him, hence this appeal.