KRISHNA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant - Krishna Prasad Singh was put on trial for the charge under Section 302 of the Indian Penal Code on the allegation of causing death to Fulmani Soren intentionally. The trial court having found the appellant guilty for the said charge sentenced him to undergo life imprisonment.

(2.) THE case of the prosecution is that Fulmani Soren (deceased) working as Sahaika at Angan Bari, was in love with the appellant - Krishna Prasad Singh @ Jhagaru Singh, but subsequently, differences arose in between them on account of monetary dispute and, therefore, appellant held out threat to Fulmani Soren of dire consequences which was divulged by Fulmani Soren to his brother -Obidhan Soren, the informant (P.W. 1). Further case is that on 17.09.1992, one Sarojni Besera (P.W. 2) engaged as Sevika at Angan Bari, stayed in the night in the house of the informant (P.W. 1) and slept along with Fulmani Soren. In the night at 12 O' Clock, Sarojni Besera (P.W. 2) woke up and told to the informant that the appellant, who had come over there, took Fulmani Soren with him. Upon it, the informant (P.W. 1) and his wife Rasomuni Hembram (P.W. 4) went in search of Fulmani Soren but they did not find her. In the morning at 6 O' Clock, one Nani Marandi (P.W. 5) informed them that dead body of Fulmani Soren has been lying near a pond. Upon it, the informant (P.W. 1) along with other villagers went there and found the dead body of his sister - Fulmani Soren over which there was marks of violence. In the meantime, one Jhamali Tudu (not examined) came and disclosed to them that when she came out of the house to ease herself, she found this appellant running away from the village. Thereupon, the informant - Obidhan Soren (P.W. 1) submitted a written report to Officer -in -Charge, P.S. - Jama, upon which a case was registered under Sections 364 and 302 of the Indian Penal Code.

(3.) IN course of the trial, the prosecution examined as many as 11 witnesses. Of them, Obidhan Soren, the informant and brother of the deceased, and Rasomuni Hembram, the wife of the informant were examined as P.Ws 1 and 4 respectively. According to them, they were told by Sarojni Besera (P.W. 2) that in the night, appellant had taken away Fulmani Soren, whose dead body was found in the morning. P.W. 7 and P.W. 8 are the witnesses to inquest, whereas P.W. 9 and P.W. 11 have proved the signature of the informant on the written report and the formal F.I.R. respectively.