BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Senior Counsel for the appellants Mr. Anil Kumar assisted by Ms. Chandana Kumari, Advocate and learned Additional Public Prosecutor Mr. Sanjay Kumar Srivastava representing the State.

(2.) By the time this appeal is being decided, the sole appellant has already served his sentence in connection with his conviction under Sections 302 and 201 of the I.P.C. for having committed the murder of his father-in-law Shan Bahadur and caused disappearance of the dead body by the impugned judgment dated 20th August 1996 passed in Sessions Trial No.120/1992 by the court of learned 2nd Additional Sessions Judge, Singhbhum East, Jamshedpur. By the impugned order of sentence dated 21st August 1996 he had been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the I.P.C. and also sentenced to undergo R.I. for two years for the offence under Section 201 I.P.C., both the sentences to run concurrently.

(3.) The prosecution case was initiated on the Fardbeyan of Sabi Devi wife of Shan Bahadur (deceased) of village Bhuiyadih Jhoparpatti, P.S. Sitaramdera, District East Singhbhum recorded by Sub Inspector P.N. Singh, Officer-in-charge, Sitaramdera Police Station on 26.11.1991 at 16.30 hours at Jhoparpatti Bhuiyadih. Informant alleged that on the previous Sunday in the evening at around 5.30 P.M. there was a verbal altercation between her son-inlaw Bhola Singh (accused) and her husband Shan Bahadur on the question of taking back of her daughter towards Bidagiri for her matrimonial home. Informant alleged that her son-in-law used to frequently beat her daughter that is why informant and her husband did not want their daughter to go along with their son-in-law. This infuriated her son-in-law who abused the husband of the informant and also threatened to kill him and thereafter left with his child. After about one hour, her son-in-law brought back the child to their house and went away stating that today all things would be clear. On hearing it the husband of the informant went out at 8 P.M. to call for a panchayati with local people but did not return in the night and in the morning also could not be traced even after search. Informant asserted that today i.e. 26.11.1991 (Tuesday) in the evening some children raised a brawl that Shan Bahadur is lying dead in a Nala (rivulet). Then the informant went there and confirmed it. She searched for her son-in-law in the Lakri Tal but could not find him. On these allegations informant asserted that her son-in-law Bhola Singh has by means of dangerous weapon killed her husband and dropped the dead body in a Nala in order to cause its disappearance. Informant alleged that Bhola Singh was responsible for this incidence as he used to threaten from before that he would kill her husband or else allow their daughter to go along with him. Sitaramdera P.S. Case No.69 of 1991 was registered under Sections 302/201 of the I.P.C. on 26th November 1991 thereupon against unknown.