KHIRU RAI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE appellant. Khiru Rai, was charged and convicted under Section 304(B) of the Indian Penal Code. He was sentenced to imprisonment for life and the appeal is gainst the said conviction and sentence.

(2.) THE deceased, Sita Devi, is the wife of the appellant, Khiru Rai and she is the daughter of PW 6, Balram Rai. PW 5, Mani Rai is the father of P.W. 6. The deceased was given in marriage to the appellant on 10.5.1996 and after the marriage she was residing in the house of the appellant. It is the case of the prosecution that the appellant was subjecting the deceased to cruelty and harassment after asking her to get a motorcycle from her parents and that P.W. 6 could not meet the said demand made by the appellant. On 29.11.1996 the deceased died on account of the burn injuries. The Investigating Officer, P.W., 8, was informed about the death of Sita Devi, who after conducting inquest over the dead body, sent it for post mortem.

(3.) AFTER the body was subjected to post mortem, it was brought by the appellant and buried in his village. In the meantime, on getting information about the death of his daughter, P.W., 6 also reached the village and came to know that the dead body was already subjected to post mortem and buried. According to the prosecution, he got the dead body exhumed and took it to his village where she was cremated. The further case of the prosecution is that P.W., 6 went to the Hariharpur Police Station on 30.11.1996 and gave statement, Ext. 1, on the basis of which an F.I.R. under Ext. 5 was registered at Topchanchi Police Station. Jai Ram Singh, P.W. 8, took up investigating and later a final report was filed against the appellant by his sJccessor -in -office. The appellant, when questioned under Section 313 Cr.P.C., denied all the incriminating circumstances.