LAKHI CHAND SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 201, 511 I.P.C. and sentenced to rigorous imprisonment for 5 years by the judgment dated 18.5.1994 passed by the learned Sessions Judge, Muzaffarpur in Sessions Trial No. 324 of 1990.

(2.) THE prosecution case is that the deceased was married to the appellant no.1 and she used to reside in her mother's place but on the date of occurrence she was residing in the house of the in -laws and it was learnt by the informant that she had been murdered and the accused were ready to burn her dead body. At this the informant reached the cremation ghat where the appellant no.1 arrived but he fled away whereas the appellant Nos. 2, 3 and 4 also fled away leaving the dead body when inquiry was made from them. The appellant no.1 is the husband of the deceased whereas the appellant no.2 is the brother -in -law and appellant no.3 is the co -villager and appellant no.4 plough man of appellant no.1.

(3.) THE prosecution in all examined 9 witnesses out of whom P.W.1 is the doctor who held the post mortem examination whereas P.W. 2 is the dafadar and the informant, P.W.3, 5 and 7 have not supported the case of the prosecution whereas P.W.4 is the brother of the deceased. P.W. 6 is merely on the factum of arriving at the burning ghat with the informant. P.W. 8 is the wife of appellant no.2 and P.W.9 is the police officer who submitted the charge sheet but had not conducted any investigation.