MAISA PAHARAIA @ MAHISA PAHARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Maisa Paharaia @ Mahisa Paharia having been convicted for an offence under section 302 of the Indian Penal Code for committing murder of his wife Sundri Paharin was sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution is that the informant Vijay Marandi (P.W.3) while was grazing cattle on 26.8.1989, saw a dead body of a female in the field, situated at village Samadhani. Thereafter he informed about it to one Bamna Paharia (P.W.2), a village Pradhan of village -Patwara, who came to the place of occurrence and identified the dead body as that of Sundri Paharin, wife of the appellant. Thereupon, he disclosed to the informant that on the previous night, he had seen both the husband (appellant ) and the wife (deceased) at Magdih Hatia where they had consumed liquor and by that time darkness had started setting in and, therefore, he (Bamna Paharia) requested them to come along with him to stay in his house in the night but the appellant did not accept his proposal by saying that he will be going to his in -laws' place but in the morning when he saw the dead body of Sundri Paharin, he made enquiry from the appellant, who disclosed that the deceased had consumed liquor previous night in the Hut with unknown persons and, therefore, he has committed her murder by pressing her neck through his leg.

(3.) AFTER completion of the investigation, police submitted charge sheet against the appellant whereupon cognizance of the offence was taken and in due course, when the case was committed to the court of sessions, charge was framed to which the appellant pleaded not guilty and claimed to be tried.