GALMUNI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal has been preferred by two appellants, who are father and son, against the judgment and order dtd. 24/2/1994 passed by 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No. 114 of 1991/121 of 1991. The appellants have been convicted under Sec. 302 read with Sec. 34 and 201 of the Indian Penal Code to undergo rigorous imprisonment for life.

(2.) The prosecution case is that appellants, who are father and son, went to the informant's village, Basudewa on 14/11/1990 in the morning and inquired from him about the whereabouts of the informant's daughter Eatwaria, whether she had come to the house. They informed that the daughter-in-law had fled and they were searching for her. Eetwaria was daughter-in-law of appellant No.1 and wife of appellant No.2. The informant informed them that the deceased had not come to their house and subsequently when on 15/11/1990 informant along with some other villagers went to the village Dubawalia and searched for her daughter, he was informed by villagers that the deceased had been buried on the bank of the river. The dead body was thereafter discovered, which was identified to be that of the daughter.

(3.) The prosecution produced nine witnesses. The defence was that the deceased had gone to the field to cut grass and her dead body was discovered along with some grass, khurpi, basket and at instance and advise of the villagers, appellants supposedly helped bury the body near the river bank.