RASHO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 16.01.2003 passed by Additional District & Sessions Judge II, Katihar in Sessions Trial No. 325 of 2002/ 120 of 1997 arising out of Dandkhora P.S.Case No. 58/96, whereby the sole appellant has been convicted for the offence under section 302 read with sec. 34 of the I.P.C. and awarded life imprisonment. The prosecution case is based upon Fardbeyan of P.W.8, Bishwanath Mandal, husband of the deceased Babita Kumari (Devi) recorded on 09.10.1996 at 8.30 AM at the place of occurrence.

(2.) In substance, it is to the effect that the informant used to visit the house of Chander Sharma, father of the deceased and he developed love affair with his daughter, Babita Kumari and inspite of opposition from her family members and relations he married her about six months earlier in the village temple and also formalized the marriage through Court. Due to such love marriage Chander Sharma and his two brother -in -laws namely, Rasho Sharma, the appellant and Basho Sharma used to come to his house and threatened his wife Babita Devi. They had told the informant that they would not allow the girl to remain with him. On the previous night at about 8 the informant and his wife slept on a cot in the Varandah after having their meal. At about 11 in the night, the informant heard some sound of his wife and on getting up he saw two persons standing by the side of the cot near his wife, who had already cut her neck. Out of them he identified Rasho Sharma, the appellant, but could not identify the other. He raised hue and cry and woke up his brother and other villagers, but the miscreants taking advantage of darkness managed to flee away. He alleged that he had seen a dagger in the hand of the appellant and crime had been committed by Rasho Sharma and his companion in conspiracy with Chander Sharma. He claimed that on seeing the other person he could identify him also.

(3.) AFTER recording the Fardbeyan (Ext.2), P.W.9 Sub Inspector of Police, Pramod Kumar Jha, who was also the Officer -in -Charge of Dandkhora P.S. at the relevant time, took up investigation. He prepared Inquest Report. (Ext. J) and sent, the dead body for post mortem examination. He has proved the formal F.I.R. also as Exhibit -4. He inspected the place of occurrence, recorded the statement of witnesses and submitted charge sheet against the appellant only. After cognizance the case was commit Led to the Court of Sessions. The appellant pleaded not guilty to the charges and hence he was put on trial. Thereafter, he has been convicted and sentenced by the judgment and order under appeal.