NAND KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 18-4-2002 passed in S. T. No. 181 of 1999, by Sri Satish Chandara Singh, Additional Judicial commissioner, Ranchi whereby and whereunder the a appellant has been found guilty for the offence punishable under Section 304-B of the Indian Penal Code and convicted and sentenced to undergo rigorous imprisonment for ten years.

(2.) The prosecution case has arisen on the basis of the written report (Ext. 2) of P.W. 10, S. I. Anil Kumar Singh, the informant lodged before the officer incharge, Kanke police station, Ranchi at 11.00 hours on 25-10-1998 regarding the occurrence which is said to have taken place on 24-10-1998 at 23.00 hours in the house of the appellant situate at Sukuruhutu police station Kanke District Ranchi regarding the unnatural death of Neha Singh, the 19 years old wife of the appellant. A case was instituted by drawing of a formal FIR (Ext. 4) on 25-10-1998 at 11.00 hours. The written report and the formal FIR were received on 30-10-1998 in the Court empowered to take cognizance.

(3.) The prosecution case, in brief, is that the marriage of Neha Singh was solemnized with the appellant in the month of February, 1998 on the day of Maha Shivratri and the appellant and the deceased Neha Singh were residing together in the house of the appellant situate at Sukurukuta police station Kanke District Ranchi and the appellant, who is aged about 45 years, is employed in C. I. P. Kanke and he was on duty there from 14.00 hours to 22.00 hours on 24-10-1998 and while he was returning from his office at 22.00 hours the tyre of rear wheelof his cycle got punctured and he kept his cycle at Kanke Chowk and reached at his house at 23.00 hours on that day. It is alleged that when he entered in his house after opening the gate, he found the light of his house except his bed room switched off and the door of his bed room was closed but not latched from inside and when he entered in the room punishing the plank of the door of his house he found his wife Neha Singh hanging with the aid of synthetic sari in the bed room and he went there and called her and finding no response he came to the conclusion that Neha Singh has committed suicide. It is alleged that the appellant came to the police station and gave information in respect thereof which was entered in the station diary as S. D. E. No. 626 dated 24-10-1998. It is alleged that the informant went to the place of occurrence but in the absence of the proper light and it being dead of night he could no make any investigation. It is alleged that the informant came to the house of the appellant at 7.00 hours on 25-10-1998 for investigation and in course of investigation he found the deceased Neha Singh hanging with the aid of her sari from the beam of the asbestos roof of the said bed room over her Palang and her head was only 2' above the said Palang and her both hands and legs were on the said Palang and there was a stool lying by the side of her thigh and her head was facing west and her legs were facing east and there was no interference in the bed sheet stretched on the said Palang. It is further alleged that the height of the said beam from the said Palang is only 7' and the aforesaid facts have created reasonable suspicion that it is not a case of suicide rather a case of commission of planned murder. The prosecution case further is that it transpired in course of investigation that the marriage of the deceased was performed with the appellant forcibly and she has passed class X examination and she was dismissed with her marriage with the appellant who was more than double of her age she had compromised with the situation and was leading conjugal life with the appellant for the sake of prestige of the family but in spite of that the conduct of the appellant was not befitting to her and there was always a quarrel between them.