CHANDRA KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31st July, 1991 passed by the 1st Additional Sessions Judge, Darbhanga, in Sessions Trial No. 22 of 1985/42 of 1987 convicting and sentencing all the appellants to undergo R,l. for 7 years and pay fine of Rs. 5000/ - and in default to undergo further R.I. for 6 months each under section 201 IPC. Appellant Chandra Kant Jha has further been convicted and sentenced to undergo life imprisonment under section 302 IPC.

(2.) THE case of the prosecution, in short, is that on 25.11.83 at about 10.15 A.M. informant Mohan Jha (P.W.13) got his fardbeyan (Ext. 5) recorded by A.S.I. of Police R.B. Singh (not examined) at Karjaniya Gachhi Village Korthu, P.S. Ghanshyampur, District Darbhanga stating therein that his sister Maharani Devi was married to appellant Chandra Kant Jha of his own village 15 years ago and she had one daughter aged about 5 years. Appellant Chandra Kant Jha worked in New Delhi and he used to reside with the deceased Maharani in New Delhi but six months prior he had come to his village and since then he was telling that his wife deceased Mahrani was ugly and quarrelsome and therefore he would marry another girl. The deceased Maharani used to tell about the Ill -treatment to her by appellant and the threats of another marriage to informant, but the informant used to advise her to keep calm. In the evening of 24.11.83 the informant went to the house of appellant Chandra Kant Jha for demanding his bullocks and plough. The appellant Chandra Kant Jha asked the informant to come on the next day in the morning. At that time the informant found his sister deceased Mahrani quite well. On the next day in the morning i.e. on 25.11.83 at about 6 A.M. when the informant went to the house of appellant Chandra Kant Jha he did not find anyone at the &aposdarwaja&apos of the house and there was complete silence there. The informant then entered the &aposangan&apos of the house and found that female members of the house were talking with each other in a very suspicious manner. He did not s&aposee his sister there. Nobody told him clearly about his sister which caused suspicion to him and he then entered the room of his sister where also he did not find her and then he came running to his house and told his cousin Rajendra Jha (PW 1), Ugeshwar Jha (PW 5), Arjun Jha (PW 6), Kashi Kant Jha, Mod Nath Jha, Narayan Jha (none of them examined) that appellant Chandra Kant Jha had killed his sister who was not in the house of appellant Chandra Kant Jha, other female members of the house of Chandra Kant Jha were talking with each other in a very suspicious manner and that Chandra Kant Jha was telling that after committing murder of deceased Maharani he would marry another girl. The informant thereafter along with the aforesaid witnesses started search for sister. Village Mukhiya Udit Narayan Thakur (PW 10), Sarpanch Chatur Narayan Jha (PW 4), Dafadar Sarva Narayan Jha (PW 9), Chaukidar Mahabir Yadav (PW 7) & Chaukidar Bishambhar Paswan (PW 8) also separately went out for search of the sister of informant. The informant and witnesses with him saw some smoke rising from a place and then they all ran towards that place and reached Karjaniya Gachhi and found that all the appellants and Rajeshwar Jha (who died during the pendency of the trial) were cremating the dead body of deceased Maharani Devi, sister of informant. They also found that a 5 litrs tin of kerosene oil, one basket, one spade etc. kept near the pyre. The appellants on seeing the informant and witnsses tried to run away but they all were caught by the informant and his companions. Rajeshwar Jha (since dead) who was also with the appellants managed to escape. The informant and his companions took out the dead body of Maharani Devi from the burning pyre and extinguished the fire. After sometime PWs. 4, 7, 8, 9 and 10 also reached there. The informant was going to report the matter to the police but in the meantime he met the ASI of Police R. B. Singh in the village and got his fardbeyan (Ext. 5) recorded. ASI R. B. Singh sent the Fardbeyan to police station for instituting a case and took up the investigation. He seized the partially burnt dead body of Maharani, 2 litres kerosene oil kept in a 5 Ltrs tin, one spade, one old gunny bag, one bed cover, portion of burnt sari and petticoat, one sikka, some jute string and one half burnt bamboo found near the pyre and in presence of witnesses prepared the seizure list (Ext. 2), prepared an inquest report (Ext. 6) and sent the dead body for post mortem examination and after completing investigation submitted chargesheet against the appellants and Rajeshwar Jha under section 302/34 and 204 IPC. Cognizance of the case was taken and the case was committed to the court of Sessions where Charges under section 302/34 and 201 IPC were framed against the appellants and Rajeshwar Jha.

(3.) AS stated above, co -accused Rajeshwar Jha died during the pendency of the trial. The court below after trial held all the appellants guilty under section 201 IPC and it further held appellant Chandra Kant Jha guilty under section 302 IPC and accordingly convicted and sentenced them as indicated above.