MOST RAM DULARI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by sole appellant Ram Dulari Sinha, who along with two others faced trial before the Court below, is directed against the judgment and order dated 6.1.1986 passed by 4th Addl. Sessions Judge, Patna in Sessions Trial No. 1 of 1977 arising out of Barh P.S. Case No. 19 dated 19.7.1972 convicting the appellant under Section 302/34 and Section 120-B of the IPC and sentencing her to undergo imprisonment for life under Section 302/34, IPC. No separate sentence has been passed under Section 120-B of the IPC. The case of prosecution, in short, is stated below.

(2.) Deceased Viswa Kant Sharma @ Viswanath was the son of Dr. Chandrawali Prasad Sinha, who himself died during the course of investigation of this case. The wife of Dr. Chandrawali Prasad Sinha died in the year 1953 leaving behind her husband, the deceased Viswanath, two daughters, namely, Sunaina Sinha (PW 1) and Anjali (not examined). At that time deceased Viswanath was aged about 7-8 years and after the death of his mother, he was not properly looked after by his father, who was living a luxurious life and being dissatisfied with his conduct and behaviour Dwarka Prasad, father of Dr. Chandrawali Prasad Sinha, partitioned his property between his son Dr. Chandrawali Prasad Sinha and his grand son Viswanath half and half in the year, 1954. After the death of his father, Dr. Chandrawali Prasad Sinha started living with appellant Ram Dulari Sinha treating her as his wife and deceased Viswanath came to the house of his elder sister Sunaina at Village-Berhna and started living with her. Appellant Ram Dulari Sinha at that time was young and beautiful and wanted to grab the properties of the deceased allotted to him by his grand father. She also developed close intimacy and clandestine relationship with Raj Dular Singh @ Kaviji and Chandrabanshi Seth. Kaviji was the elder brother of husband of Anjali, the younger daughter of Dr. Chandrawali Prasad Sinha. The deceased did not like Kaviji and Chandrabanshi Seth because of their clandestine relationship with appellant, who got a partition Suit No. 62/69 filed through Jairam Singh in which her two minor sons were plaintiffs and she along with Dr. Chandrawali Prasad Sinha and the deceased were made defendants. The deceased Viswanath contested the suit and he also filed some letters written by co-accused Chandrabanshi Seth to appellant disclosing their illicit relationship. Dr. Chandrawali Prasad Sinha also filed a false case of cycle theft against deceased Viswanath which after investigation was found false and police recommended prosecution against Dr. Chandrawali Prasad Sinha under Section 211 of the IPC.

(3.) The deceased Viswanath few months prior to 30.6.1972 which is the date of occurrence in this case, got employment in B.M.P. VI at Muzaffarpur and on 29.6.1972 (Saturday), he applied for leave for 1.7.1972 but it was not allowed and he then after attending his duty on 29.6.1972 came to the house of Sunaina (PW 1) at village Berhna where the deceased stayed in the night. On 30.6.1972 at 3.00 p.m. Kaviji came to the house of Sunaina and took the deceased with him to the residence of Dr. Chandrawali Prasad Sinha on the pretext for talks with his father for amicable settlement of the dispute concerning the title suit. Rajiv (since dead), son of Sunaina (PW 1) also accompanied the deceased to the residence of his father at Barh. The deceased was offered rasgula (a sweetmeat) by his father Dr. Chandrawali Prasad Sinha and from there at about 7.00 p.m., he went to Barh Station and boarded Danapur-Samastipur Express train for going back to Muzaffarpur for joining his duty on 1.7.1972. At that time, the appellant along with Dr. Chandrawali Prasad Sinha and Kaviji also came to Barh Railway Station and appellant and Kaviji boarded the same train but in different compartment next to that which the deceased Viswanath entered but Dr. Chandrawali Prasad Sinha remained at the Railway Station. In the compartment in which the deceased Viswanath entered, Balmiki Prasad Sharma (PW 4), maternal brother of the deceased and Triyogi Narain Sharma (PW 5) an agnate of Balmiki Prasad Sharma were also there from before as they had boarded the train at Bakhtiyarpur. They enquired from the deceased about his welfare upon which the deceased told them that he was called by his father at Barh from Berhna through Kaviji for talks in connection with Title Suit. He also told them that he had taken rasgula at the residence of his father and since then he was feeling vomiting. Thereafter, the tram left Barh Station and went to reach more stations. PW 4 and PW 5 found the deceased vomiting and thereafter, once again they found him vomiting when the train reached another Railway Station, namely, Mokamah. PW 4 and PW 5 got down at Mokamah Railway Station and they asked him to get down but the deceased said that he was to join duty on the next day. At Mokamah Railway Station, PW 4 and PW 5 met one Gorakh Babu (not examined), who also, after hearing the condition of the deceased from PWs 4 and 5 went to the deceased and asked him to get down from the train but the deceased declined his request.