ISHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant named above has preferred this appeal against the impugned judgment and order dated 23.3.1990 in S.T. No. 18 of 1989/G.R. No. 409/88 by Sri Lala Anjani Kumar Sinha, 2nd Additional Sessions Judge, Gumla whereby and whereunder he was found guilty for the offence under Section 302, IPC for committing the murder of Mona Kumari and he was convicted and sentenced to undergo RI for life.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of PW 1, Sugi Devi, the natural mother of Mona Kumari, the deceased of this case recorded on 21.7.1988 at 15.30 hours by S.I. E. Bodra of Palkot PS at her house in Village Lotwa, PS, Palkot, District Gumla regarding the occurrence which is said to have taken place in the night of 20.7.1988 when the dead body of the deceased was recovered from the well situate in the field of Mahto Uraon. The case was instituted by drawing of the formal FIR (Ext. 5) on the very day at 21.00 hours and the said fardbeyan and the formal FIR were received in the Court empowered to take cognizance on 22.7.1988.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case on mere suspicion. It is also alleged that the deceased, who is a girl of questionable character, has committed suicide due to her frustration in love with Sewak Sonar of the same village. It has also been contended that this appellant has no illicit connection with her at all as well as the fact that she has not become pregnant as a result of the said relationship with the appellant and he has also denied to have called the deceased from her house in the evening a day prior to the recovery of her dead body.