BUTTAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole convict has approached this court by filing the present appeal under Section 374 (2) of the Code Of Criminal Procedure, 1973 [hereinafter referred to as the "Cr.P.C."] against the judgment of his conviction and sentence. The appellant by judgment dated 07.09.2013 has been held guilty and convicted for the offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C.") and by order dated 10.09.2013 he has been directed to undergo rigorous imprisonment for life.

(2.) Short fact of the case as disclosed in the written report of the informant (P.W. 5) before the Officer-in-charge, Parasbigha Police Station, Jehanabad is that the marriage of informant's sister- Renu Devi was solemnized with the appellant -Buttan Sao, S/o late Dhigan Sao of village- Khaira, P.S. - Parasbigha, District - Jehanabad about eight years back. On 07.03.2012 at about 5.00 A.M. elder brother of the appellant Ramsagar Sao, who resides in Patna informed on mobile of the informant that his sister has died. Upon this information the informant along with others proceeded to village- Khaira to see his sister and upon arrival the informant saw that dead body of his sister was lying on the floor in her home. Upon enquiry the nephew ( [1]) of the informant - Ranjay Kumar (P.W. 6) told that in the night his father wrapped the metal wire used for spreading clothes in the neck of his mother and pushed her from the (roof) and his mother is lying on the floor since then his father has fled away. The informant further disclosed that his brother-in-law (appellant) used to drink liquor also and always used to demand money from the informant's side which was being protested by the informant's sister. The informant asserted that due to protest by informant's sister his brother-in-law has killed his sister by strangulation.

(3.) The formal F.I.R. was registered on 07.03.2012 at 2.15 P.M. vide Parasbigha P.S. Case No. 10 of 2012 under Section 304(B) of the I.P.C. Upon investigation Police found the case true against the appellant and submitted charge sheet on 21.07.2012 and cognizance was taken of the offence by learned Chief Judicial Magistrate, Jehanabad on 07.08.2012. The case was committed to the court of Sessions on 28.09.2012 and charge was framed on 31.10.2012 against the sole appellant under Section 302 of the I.P.C.