KAMLESH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment of conviction dated 13th January, 2003 and the order of sentence dated 15th January, 2003 whereby each of the appellants has been convicted under Sections 304-B/34 and 201/34 of the Indian Penal Code. Appellant Kamlesh Chaudhary has been sentenced to undergo R.I. for ten years under Section 304-B/34, IPC and each of the remaining three appellants, namely, Sheo Chaudhary, Deorani Devi and Umesh Chaudhary has been sentenced to undergo R.I. for 7 years under Section 304-B/34, IPC. Each of the four appellants has further been sentenced to R.I. for three years under Section 201/34, IPC.

(2.) The prosecution commenced with the FIR (Ext-6) which has lodged on 25th August, 1998 at 10.00 a.m. at Haspura Police Station on the statement of Chaukidar Bishun Paswan (PW 19) who appeared before the Officer In-Charge of the Police Station and stated that in the morning of that day (25.8.1998) while he was moving in Haspura Bazar, he received information that in the night of 24.8.1998 Kamlesh Chaudhary, Sheo Chaudhary @ Bhagal Chaudhary and Deorani Devi under common intention killed the wife of Kamlesh Chaudhary and then after burning the same, had concealed it somewhere. The cause of occurrence was not known, hence under these circumstances he (the informant) appeared at the Police Station and gave information for the purpose of taking action in the matter.

(3.) On the basis of the FIR, investigation commenced and on completion of the same, charge-sheet was submitted against the appellants who were tried and thereafter they have been convicted and sentenced by the trial Court as above. As many as twenty witnesses were examined by the prosecution. The defence also examined two defence witnesses. Out of the PWs, PW 19 Bishun Paswan is the informant. PW 18 Dr. Ravi Ranjan conducted the P.M. Examination on the dead body of the deceased, PW 20 Janardan Singh is the I.O. of the case, PW 2 Shrawan Sah, PW 4 Ramesh Chaudhary, PW 5 Munna Chaudhary and PW 7 are the co-villagers of the appellants but they have turned hostile to the prosecution. PW 1 Rajendra Dom, PW 3 and PW 9 Bijay Dom are the scavengers who took out the dead body from the water-weeds in a ditch near the house of appellants. PW 8 Ramjeet Singh is a witness on the point of recovery of the dead-body, PW 10 Satyadeo Singh is a photographer who is said to have taken snap of the dead body. PW 11 Anil Kumar is a witness on the point of preparation of inquest report of the dead body. PW 14 Ramesh Singh is a witness with regard to preparation of production list regarding production of one letter of appellant Kamlesh Chaudhary by deceased's father Karu Chaudhary. PW 12 Surendra Kumar is a co-villager of deceased's father, PW 13 Urmila Devi is the mother of the deceased, PW 15 Ramesh Chaudhary is the brother of the deceased. PW 16 Bina Devi is the sister of the deceased and PW 17 Karu Chaudhary is the father of the deceased. PW 6 Arjun Chaudhary is a co-villager of the appellant. DW 1 Nand Kishore Prasad and DW 2 Raj Kishore Chaudhary have come to depose about the defence of the appellant that the appellant Kamlesh and other appellants were living separately and also that the appellants were not present in their house on the date of occurrence. DW 1 proved his signature (Ext-A) on the memorandum of partition and he also proved Ext.-D which is medical prescription of Dr. A.S. Akhtar. DW 2 proved the marriage card saying that the marriage card was printed in his presence.