CHANDO DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been convicted under Ss. 304-B/34 and 498-A/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under S. 304-B/34 and three years under S. 498-A/34 of the Indian Penal Code. However, both the sentences have been ordered to run concurrently.

(2.) The prosecution case in short is that one Chaukidar, namely, Baleshwar Paswan gave statement before the police on 9-8-1987 at about 3.15 p.m. alleging therein that he heard Hulla that the wife of Shankar Sao has committed suicide. He went there and saw the deceased (wife of Shankar Sao) lying dead on a cot and all the family members were not present there. He saw one black mark swelling on the neck of the deceased. It has been further stated that the grand mother-in-law of the deceased Chando Devi in the morning had stated that the deceased used to quarrel with her. He deputed another Chaukidar, Arjun Prasad near the deceased and then he went to the police station where his Fardbeyan was recorded and on that basis formal FIR was registered. Police started investigation and after completion of the same submitted charge sheet against the accused persons. Accordingly, cognizance was taken and the case was committed to the Court of sessions. Finally the trial concluded with the result as indicated above. The appellants pleaded not guilty.

(3.) The prosecution in order to prove its case examined six witnesses. P.W. 1 is Baleshwar Paswan, P.W. 2 is Krishnadeo Tiwary, he has been declared hostile. P.W. 3 is Sita Ram Chaudhary, he is a formal witness, who has proved Ext. 2. P.W. 4 is Dr. Anil Kumar who had conducted post mortem examination on the dead body of the deceased. P.W. 5 is C.D. Singh, I.O. of this case and P.W. 6 is Arun Kumar Singh, Judicial Magistrate. He had recorded the statement of the father, mother and brother of the deceased under S. 164 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').