MANOJ KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant, Manoj Kumar Verma, was tried by the learned Rakesh Kumar,J.J. Sessions Judge, Buxar, in Sessions Trial No.05 of 2002 and by his Judgment and order of conviction dated 23.7.2003 the appellant was found guilty of committing offences under Sections 302 and 201 of the Indian Penal Code. After hearing the appellant on sentence, the learned Sessions Judge found the case not as one of the rarest of the rare cases and directed the appellant to suffer rigorous imprisonment for life for conviction under Section 302 of the Indian Penal Code and also rigorous imprisonment for three years under Section 201 of the Indian Penal Code. As regards the operation of sentence under Section 201 of the Indian Penal Code, the same was made inoperative. The appellant has questioned the above finding and sentence through the present appeal.

(2.) The prosecution case emanates from Ext.2, which is the fardbeyan of Prabhu Nath Singh ( P.W.3) who happened to be the father of deceased Mamta Devi, who undisputedly was married to the appellant. It was alleged that the son of P.W.3, namely, Sanjay Kumar Verma ( P.W.4) informed him on 15.2.2001 that Mamta Devi had been killed by the present appellant in Buxar at the appellant's residence. Accordingly, P.W.3 came to Buxar from his village and learnt from Mohalla people that the appellant brutally assaulted Mamta Devi in the preceding night and had thereby killed her and had taken the dead body for cremation to the cremation ground. P.W.3 further stated that on earlier occasions also, the appellant used to ill- treat and torture the deceased in similar manner and as a result thereof the informant had taken the deceased to his house. The informant has alleged that Mamta Devi, aged about 25 years, was married to the appellant 8-10 years ago. The informant used to provide financial assistance to the appellant so as to improving his economic condition, but still the appellant used to physically torture the deceased.

(3.) Illustrative example was also cited by P.W.3 in the fardbeyan (Ext.2). It was stated that about three months prior to the incident, the deceased had been similarly treated, as a result of which she went to Bhola Prasad Verma(P.W.7).