SURAJDEOSINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Appellants Surajdeo Singh and Indar Devi has been convicted and sentenced to undergo imprisonment for life for, the offence under Section 302 read with Section 34 of the Indian Penal Code by 1st Additional Sessions Judge, Vaishali at Hajipur vide his judgment and order dated 13-12-1984 passed in Sessions Trial case No. 49/28 of 1981/84. Hence, this appeal by the convicts.

(2.) The prosecution case can briefly be stated like this: Asharfi Devi (deceased) was married to Surajdeo Singh (Appellant No. 1) and was residing with him in the house of her in-laws in village Basantpur. Indar Devi is mother of Surajdeo Singh, appellant. Shivaji Singh (P.W. 2), the brother of the deceased went to see his sister at the house of the appellant No. 1 on 7- 1-1980 in village Basantpur. On reaching there he found that his sister was not present in the house. On query, Surajdeo Singh told that Asharfi Devi had fled away from the house due to some quarrel with her mother-in-law, Indar Devi (appellant). After this while Shivaji Singh was returning he came to know from some ladies who were cutting grass that his sister had been done to death by her husband and thereafter thrown in the river. Shivaji Singh returned to his village and on the next day, i.e. 8-1-1980 started searching for the dead body of his sister in the company of Bishwanath Singh (P.W. 1), Ram Nagina Singh (P.W. 3), Ram Sundar Singh (P.W. 4) and others. Ultimately on 9-1-1980 they found the dead body of Asharfi Devi entangled in a bush in the river near village Rasal pur. Shivaji Singh then went to Police Station, Jandaha and lodged a written report (Ext. 1) on the basis of which the case was formally registered. Abdul Hafiz Khan, Officer-in-charge, Police Station, Jandaha took up the investigation. He came to the place where the dead body was recovered, prepared inquest report (Ext. 6) and sent it for post-mortem examination.

(3.) On 10-1-1980, Dr. R.K. Sinha (P.W. 11) conducted autopsy on the dead body of Asharfi Devi. He found ecchymosis in area around neck horizontal 4"x3" on the front of the neck on the hyoid bone. On dissection tissues were found congested and fracture of the corrnue was detected. There was also acchymosis 6"x4" on the back of left chest at the level of 7th, 8th and 9th ribs in the mid clavicular line. The Doctor opined that Asharfi Devi died due to strangulation and that the lime which elapsed between the death and postmortem was within 36 to 96 hours.