SHIV SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Before consideration of the merit of the case, the incidental event having taken place relating to the present appeal is to be taken note of for proper appreciation.

(2.) Khushbu Kumari, the victim, who was married with Shiv Shankar Singh on 22.05.2011, the appellant of Criminal Appeal No.579 of 2015 met with her death on 14.04.2012 at her sasural lying at village-Shahkund for which, her father Naveen Prasad Singh (petitioner of Cr. Rev. No.1017 of 2015) had instituted a case bearing Shahkund P. S. Case No.47 of 2012 under Section 304B/ 34 of the I.P.C. against the persons so named therein. After investigation, chargesheet was submitted under Section 304B/34 of the I.P.C. However, during course of trial, charge was framed in an alternative under Section 304B/34 of the I.P.C. as well as Section 302/34 of the I.P.C. The learned lower Court of 3rd Additional Sessions Judge, Bhagalpur after proceeding and concluding the trial bearing Sessions Trial No.1310 of 2012, did not record any finding relating to Section 302/34 of the I.P.C., although under Para-27 as well as Para-28 of the judgment had concluded that deceased was done to death by strangulation. Simultaneously, convicted the appellant for an offence punishable under Section 304B I.P.C. while acquitting the others for the same vide judgment of conviction dated 22.08.2015 and order of sentence dated 26.08.2015, sentencing the appellant to undergo rigorous imprisonment for seven years as well as to pay fine Rs.25,000/- and in default thereof, to undergo simple imprisonment for one year, additionally.

(3.) Against the judgment impugned, the informant (petitioner of Cr. Revision) had filed Cr. Appeal (D.B.) No.161 of 2016, which accordingly, came up before the Division Bench and while dismissing the appeal, it has been observed:- "from the evidence of PW-2, Vishwajit Singh, who was cousin brother of the deceased, it appears that it was the accused persons, who had gone to inform the police. PW-3 Piyush Kumar Singh, brother of the deceased, who deposed as an eye witness to the assault and murder, but evidently, when this fact was not mentioned in the F.I.R., it is highly unreliable."