R.R. Prasad, J. - (1.) THE sole appellant - Hare Krishna Roy @ Bhairo Roy having been found guilty for committing murder of his wife -Soni Devi was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life.
(2.) THE case of the prosecution is that Soni Devi, daughter of the informant, Sita Ram Gupta, having married the appellant was living in his house happily. However, in the night of 21.10.1998, the informant, P.W. 7, received an information that something has happened in the house of his daughter as foul smell is coming out of his house. Upon which, the informant when in the next morning came to the house of his son -in -law, he found his son -in -law there who after locking the door was about to leave the house from where foul smell has been coming out. Thereupon, the informant asked the appellant about the whereabout of his daughter, but the appellant kept mum and then the informant asked the appellant to unlock the door. Upon which, the appellant disclosed that he has cut his wife to death by sword and has kept the dead -body in a gunny bag. Immediately thereafter, Baidya Nath Pathak Baidik, S.I. of Telaiya Police Station, P.W. 8, came over there along with other police officials and recorded the fard beyan (Ext. 2) of the informant, Sita Ram Gupta, on 22.10.1998 at about 5:30 a.m. which was sent before the Police Station for registration of a case. Meanwhile, said P.W. 8 took up the matter for investigation and in that course, the Investigating Officer recovered the dead -body, which had been wrapped in a gunny bag, from the room of the appellant. On holding inquest on the dead -body, the Investigating Officer prepared Inquest Report (Ext. 3). Thereafter, confession made by the appellant led to recovery of sword which was seized under Seizure List (Ext. 4). Thereupon, the deadbody was sent for postmortem examination which was conducted by Dr. Shiv Nandan Prasad Singh, P.W. 9 who found the head beheaded from the body. Accordingly, the doctor issued post mortem examination report (Ext. 7). On completion of the investigation, the police submitted charge -sheet upon which cognizance of the offence was taken and in due course, when the case was committed to the court of Sessions, charge was framed to which the appellant pleaded not guilty and claimed to be tried.
(3.) IN course of trial, the prosecution, in order to prove the charge against the appellant, though examined nine witnesses but except the informant, Sita Ram Gupta, P.W. 7, Baidya Nath Pathak Baidik, Investigating Officer, P.W. 8, and Dr. Shiv Nandan Prasad Singh, P.W. 9, none of the prosecution witnesses has supported the case of the prosecution, still learned trial court on the basis of the circumstances appearing against the appellant and also on the basis of the testimony of P.W. 7, the informant, did find the appellant guilty for the aforesaid offence and hence recorded the order of conviction and sentence, as aforesaid. Being aggrieved with the said judgment, this appeal has been preferred.;