KAPIL DEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mr. Awadhesh Kumar Singh, Advocate, was earlier appointed as Amicus Curiae to assist the Court, but he has not appeared today on behalf of the appellant to assist the Court. In view of such, Mr. P. Mehta, Advocate, is appointed as Amicus Curiae to assist the Court.

(2.) Sole appellant has been convicted for the offence under Section 302/34 Indian Penal Code for committing murder of his wife, Sabita Devi, and has been sentenced to undergo rigorous imprisonment for life under that count by judgment of conviction and order of sentence dated 25th February, 1994, passed by the Additional Sessions Judge, Naugachia, in Sessions Case No.185 of 1992 arising out of Gopalpur P.S. Case No. 133 of 1991 corresponding to G.R. Case No.569 of 1991.

(3.) Prosecution case on the basis of the fard-e-beyan given by the father of the deceased is that his daughter, Sabita Devi, was married with the appellant. She had gone to her Naihar about ten days prior to the occurrence because she was assaulted by her husband and other family members. She narrated about the incident to the informant and told that she would not go to her Sasural. It is further alleged that four days prior to the occurrence this appellant and another accused, Moffil Yadav, came to his house for taking the daughter of the informant on Vidai, but he told them to take her back after Chhat festival. It is further alleged that daughter of the informant had gone to hospital for treatment and when she was coming back to her house on rickshaw, son-in-law of the informant, Kapildeo Yadav, and Moffil Yadav assaulted her near railway line and forcibly dragged her to their house. The informant learnt next day from the boys of Bhawanipur that her daughter Sabita Devi has been burnt alive by the accused persons and kept confined in a room. Thereafter, informant went to the Sasural of his daughter and took her to Naugachia Hospital for treatment. He came to know from his daughter that her father-in-law and brother-in-law were trying to rape her. Formal First Information Report was drawn on the basis of the aforesaid fard-e-beyan and thereafter police after investigation submitted charge-sheet.