SHANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the Judgment of conviction and Order of sentence dated 09.03.1992, passed by the learned 6th Additional Sessions Judge, Dhanbad, in S.C. No. 272 of 1989, whereby the appellant, who is the wife of the deceased, has been found guilty and convicted for the offence under Sections 302/34 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Sec. 302/34 of the Indian Penal Code and to undergo R.I. for five years for the offence under Sec. 201 of the Indian Penal Code, and both sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of fardbeyan of the informant, who is the son of the appellant as also of the deceased. In the prosecution case, the informant has alleged that his mother, i.e., the present appellant was having illicit relationship with the co-accused Fagu Karmakar. Fagu Karmakar used to take liquor with the father of the informant and when his father used to sleep, he used to have illicit relationship with his mother. Fagu Karmakar also used to come to his house in absence of his father for continuing his illicit relationship and this affair was going on for some months. On the last Sunday (i.e., on 17.04.1988) at about 05:00 P.M., Fagu Karmakar again visited the house of the informant and Fagu Karmakar and his father took meal together at about 08:00 P.M. Thereafter, Fagu Karmakar told the informant to sleep in the room along with other family members as it was likely to rain, whereupon, the informant, his wife and his brothers and sisters went in a room to sleep. After about an hour, the mother, i.e., the appellant also came to sleep in the same room. In the morning, mother informed the informant that Fagu Karmakar was not there and father of the informant was found dead, with a rope tied in his neck. Thereafter, the informant peeped through the door and found the dead body of his father lying on the bed covered with bed sheet. The mother asked him to keep quiet and she locked the room and went to her parents' place for informing them. She returned in the evening and thereafter, the co-accused Jagdish Karmakar, who happens to be the maternal grandfather of the informant, also came and both of them dug a pit in the kitchen of the house and buried the dead body in the pit. On 19.04.1988, the informant was called by the Mukhiya namely, Ram Prasad, whereupon, he went to the place of Mukhiya with all his family members, where offence was disclosed to him. The informant and his mother also showed the place to the police, where the dead body was buried. The informant claimed that the murder of his father was committed by his mother and Fagu Karmkar, and the dead body was concealed by his mother and Jagdish Karmakar. The fardbeyan of the informant to the aforesaid effect was recorded at the place of occurrence, on the basis of which, Kataras P.S. Case No. 109 of 1988 corresponding to G.R. No. 321 of 1988 was instituted and investigation was taken-up. After investigation, the Police submitted the charge-sheet in the case against the appellant as also against to co-accused namely, Fagu Karmakar and Jagdish Karmakar.