ANITA DEVI Vs. SLATE OF BIHAR

JUDGEMENT

(1.) <DJG> A .K.SINHA,J. </DJG>-Both the appeals were heard together and are being disposed of by this common judgment. Both the appellants have been convicted under section 302/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for life. They have further been convicted under section 201/34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each.

(2.) ACCORDING to the fardbeyan of Baleshwar Mali (P.W.5) which was recorded at his house at 7.15 A.M. on 31,13.1997(sic), the case of the prosecution is that when the deceased, namely, Devan Malkar who happened to be the brother of the informant, did not return back home till 4.00 A.M., the informant enquired from his nephew Raju Kumar (P.W.4) about the whereabouts of his father. Raju Kumar disclosed to him that in the preceding night his father took his meal and at about 8.00 P.M. the appellant Anita Devi, wife of Anil Rajak, came to his house and his father went with her and since then he has not returned back. The informant became suspicious and started searching his brother along with his family members and in course of search the dead body of his brother was found near the pond at Naya Tola. The informant also noticed that blood was oozing out from the mouth and nostril of the deceased and there was black mark of swelling on his neck. The informant suspected that his brother was murdered and dead body was thrown. He also suspected that the appellants may have hands in the murder of his brother because the deceased had gone with the wife of Anil Rajak on being called by her and there was some dispute regarding money transaction between his brother and Anil Rajak. It has been alleged that due to the aforesaid dispute both the appellants might have committed the murder of the deceased and threw away his dead body near the pond.

(3.) IN order to prove the charges the prosecution examined altogether seven witnesses, including the doctor (P.W.6) who conducted the postmortem examination on the dead body of the deceased and the investigating officer (P.W. 7). The remaining five witnesses are the family members of the informant. Inasmuch, as P.W.1 Munni Malakar and P.W. 3 Vijay Malakar are own cousin brothers of the deceased. P.W. 2 Sheo Balak Malakar and P.W. 5 Baleshwar Mali are the own brothers of the deceased and P.W. 4 Raju Kumar who is a child witness is the son of the deceased.