OM PRAKASH SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant aforesaid has been convicted under sections 302 and 201 of the Indian Penal Code (hereinafter referred to as 'the Code ') and has been sentenced to undergo imprisonment for life, and rigorous imprisonment for seven years, respectively, the sentences to run concurrently.

(2.) THE fardbayan (Exhibit -1) in this case is by the landlord of the appellant who has claimed that the appellant used to live in his house since December last and his wife had come in the month of March. On 4.8.1995 at 6.00 A.M. he saw that the appellant, carrying his wife on his hands, was about to take her away on a rickshaw. The appellant informed that he was taking her to the hospital but the nearby ladies were telling that he had killed the wife. Being suspicious he went to the Patna Medical College Hospital first where he did not find the appellant nor could get any information about his wife whereafter he went to Bansghat (cremation ground) and also made enquiries there but came to know nothing. On return in the way at about 9.00 A.M. he met the appellant who informed him that his wife had died and after post -mortem he had cremated her. Being doubtful as the wife was not ill and both used to quarrel earlier also, he lodged the first information report.

(3.) THE prosecution in all has examined eleven witnesses. P.W.8, Rajeshwar Thakur, is a formal witness who has proved an entry made in the births and death register of the Patna Municipal Corporation (Exhibit -6). P.W.11 is Ram Chandra Singh, the Investigating Police Officer. Three witnesses have also been examined by the defence.