- (1.) THE appellants stand convicted for the offence under Section 302/34, IPC and have been sentenced to undergo R.I. for life. Besides, for the offence under Section 201/34, IPC, they have been convicted and sentenced to undergo R.I. for two years. However, both the sentences have been ordered to run concurrently.
(2.) THE substance of the case is that one Usha Das, wife of Sujan Kumar Das, A1, sister -in -law of A2 Shashi Kumar Das, daughter in -law of Sukumar Das A3 and also of Taramani Das A4 (father -in -law and mother -in -law of the deceased) died within four years of her marriage. She (deceased) had one son and at the time of alleged death, as per the post -mortem report, she was also pregnant for the last 5 months. It transpires that the father of the deceased received an information from A2 Sashi Kumar Das, who went to his house, that his daughter was suffering from diarrhoea and her condition was serious. Thereafter, it appears that he came to the matrimonial house of his daughter and saw that his daughter was lying dead and on her neck, there was certain mark of abrasion. He felt that she had been done to death by strangulation. At that time, there was none in that house. After one or two hours the neighbours called them and thereafter the final rites of his daughter was performed. The peculiar circumstances in this case is that first of all, Sujan Kumar Das had filed a written report at Kotwali P.S. Ranchi, on that basis U.D. Case No. 9/92 dated 23.5.1992 was recorded and the investigation was made over to the Court witness No. 2 who has been examined in this case. It also transpires that on the basis of that report, the S.I. concerned, i.e. CW 2 filed a report before the Officer -in -Charge of Jagarnathpur P.S. stating therein that he had been given investigation in U.D. Case No. 9/92 on 23.5.1992 and had also alleged that the informant of that U.D. Case No. 9/92 in his written report had disclosed that on 23.5.1992 in the morning after taking breakfast, he had gone to Hatia Rly. Market and when he came back at 11.00 a.m. then he found that his wife Usha Devi aged about 20 years, who was also pregnant, lying on the palang. When she did not speak anything, then the said Sujan Kumar Das shook her and found that she was senseless. Thereafter he called a Lady Doctor from the Rly. Hospital who administered an injection to his wife and also asked to take her to some other big hospital. Thereafter, the said Sujan Kr, Das along with his mother and others took his wife to Nagar Modi Seva Sadan where she was declared dead. Thereafter, he brought the dead body of Usha Devi to the police station. With regard to the ligature mark on the body of the said Usha Devi, the said Sujan Kumar Das in his written report disclosed that she was ill and suffering from Diarrhoea and therefore, it appears, due to that illness she has committed suicide by hanging herself. In that report, the said Officer further reported that if Usha Devi would have committed suicide then the body would have been hanging from some higher place and therefore, there should have been some loops for hanging at P.O. Thereafter, it transpires that he enquired the matter from Taramoni Das and they said that they have no knowledge and all of them said that at that time of occurrence, they were not in the home. They all said that when they came back, they found Usha lying on the palang. The Officer further reported that in the course of inspection of the dead body, on her neck a round mark (ligature mark) was found and in the post -mortem report, the ligature mark has been found by the Doctor and it has been stated in the post -mortem report that the cause of the death was hanging. Then the Officer concerned further stated that considering all the facts it appeared that the informant of the U.D. Case, Sujan Kr. Das, his father, mother and other members of his family, in order to conceal the facts and to cover the truth, were taking all possible steps. Therefore, he further stated that after hanging the lying of the dead body of Usha Devi on the palang herself and non -existence of means of hanging in the room raises suspicion about Sujan Kr. Das, his mother, father and his brother Sashi Kr. Das and it appears that the deceased was done to death by tieing a knot in her neck and in order to wipe out the evidence and in order to save them, they have taken all possible steps. Consequently, he recommended for institution of a case under Section 302/201/34, IPC against them. This report of the officer is Ext. 2 in this case. On the basis of this report, a formal FIR was drawn up and a case was instituted, police submitted charge -sheet and the appellants were charged under Sections 302/34 and 201/34, IPC to which they pleaded not guilty and claimed to be tried.
(3.) THE defence version of the case, as appearing from the trend of the cross - examination, is that Usha Devi had hanged herself and died and the accused persons have been falsely implicated. A suggestion was given to the father of the deceased vide para 18 that his son -in -law informed him that his daughter had committed suicide by knotting her neck by saree and when the knot opened, then she fell down on chouki. In their statement under Section 313, Cr PC, when the attention of the appellants was drawn towards the evidence that appeared and when they were asked what to tell in their defence, the reply of Sajan Das was that he would given the evidence in defence, the same was the reply of Shashi Kumar Das, Sukumar Das said that he has been falsely implicated and Taramani Das said that she has nothing to say in her defence.;