BOKAN SINGH, Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) ALL the four appellants have jointly come up in this appeal against the judgment dated 30.1.1988, passed by the learned 10th Additional Sessions Judge, Munger, in Sessions Trial No. 320 of 1985 (The State of Bihar v. Bokan Singh and three Ors.), whereby appellant No. 1 (Bokan Singh) has been convicted under Section 302 of the Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for life. Furthermore, the four appellants have been convicted under Section 201 IPC and have been sentenced to undergo rigorous imprisonment for seven years. Both the sentences are to run concurrently. It may at the outset, be indicated that appellant Nos. 1, 3 and 4 are full brothers and are the sons of Ramjee Singh, whereas appellant No. 2 is the own uncle of the other three appellants. The four appellants have been charged under Section 302 read with Section 34, I.P.C. for the murder of Smt. Krishna Devi, wife of appellant No. 1, and they have also been charged under Section 201 of the IPC.

(2.) ACCORDING to the prosecution case, one Ram Janam Singh, son of Ramji Singh of village Salempur, P.S. Surajgarha, District -Munger, had informed the Surajgarha Police Station about the death of Smt. Krishna Devi. The fardbeyan (Exhibit -3) was accordingly recorded on 21.12.1983, at 13.15 hours, alleging therein that about 10 days earlier, the four appellants had in the night of 16.12.1983, at about 12.00 P.M., murdered Krishna Devi (wife of Bokan Singh) and had disposed of the dead body by abandoning it in Garikhai river. Bokan Singh was married to Krishna Devi about five years ago with the daughter of Sitaram Singh of village -Lakshminiya, P.S. Balia. The couple did not sire any child. It was suspected that immoral character of the deceased was the reason for her murder. On the basis of these allegations, a formal F.I.R. was drawn up and registered as Surajgarha Police Station Case No. 0236 of 1983, dated 21.12.1983, under Section 302 read with Section 34 as well as Section 201 of the IPC. Investigation commenced leading to charge -sheet against the four appellants. Charge -sheet was submitted against them and were put to trial under the aforesaid sections.

(3.) P .W.7 (Keshar Sah) is the Chaukidar and is said to have put his thumb impression on the inquest report (Exhibit -4). He has also been declared hostile. He has stated in his deposition that he had not identified the dead body of the wife of Bokan Singh. He claims to have brought the dead body for the purpose of post -mortem from the police station to Sadar Hospital, Munger, but had not identified the dead body. He has further deposed that women of the community (Bhumihar community), to which she belonged, do not go out of their residence. He had never gone to the residence of appellant No. 1. He does not recognise any woman of the house of Bokan Singh. He is capable of recording his signature and has recorded it towards the end of the deposition. He is not aware whether or not the Investigating Officer has put the thumb impression of anybody else on the inquest report (Exhibit. 4).