BHOLA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Bhola Jha is in custody since 4.6.1991. Prior to his conviction, he was in custody for about a year. The appellant was charged and tried along with his mother. Smt. Jaya Devi for the offences punishable under sections 302/120B, 302/34 and 498A of the Indian Penal Code. Learned 1st Additional Sessions Judge, Muzaffarpur, who tried the appellant found him guilty under section 302/34 Indian Penal Code despite the fact that the co -accused mother of the appellant was acquitted. The appellant was acquitted of the charges under section 498A Indian Penal Code.

(2.) THE evidence against both the accused was identical. The appellant was convicted and his mother was acquitted because the victim was wife of the appellant. There is no eye witness to the occurrence. The appellant has been convicted on circumstantial evidence. The only circumstance being that the dead body of Bibha Devi, wife of the appellant was found in the house of the appellant. According to the post -mortem report the deceased was strangulated to death.

(3.) UMA Kant Jha, father -in -law of the appellant and father of the deceased Bibha Devi gave his fardbeyan at the Varandah of the house of the appellant at village Titra Bishunpur in the district of Muzaffarpur before the Sub - Inspector of Police of Sakra Police Station, in/eralia, stating following facts. About three years ago, daughter of the informant was married to Bhola Jha of village Titra. After Gauna in the last Baisakh she was living at her in -laws house. Since about 5 -6 days the relation between his ¢ daughter and other family members had become strained. The sister of Bhola Jha (Appellant) also used to quarrel with Bibha Devi the deceased. On getting information, the informant went to see his daughter and stayed in the village Titra from 17.9.1986 to 21.9.1986 and during that period he conciliated the differences amongst his daughter and her husband, mother - in -law and sister -in -law with the help of his elder daughter, who was also married in the same village. When the informant wanted to take his daughter with him, the father -in -law of his daughter assured him that henceforth no body would vex his daughter.