JUDGMENT

S.B. Sinha, J.—Raja Ram Sao (Respondent) was prosecuted for commission of an offence under Section 302 of the Indian Penal Code. He was a convoy driver employed by Tata Engineering Locomotive Company (TELCO) at Jamshedpur. He married Usha Devi (deceased) on 3.07.1995 at Calcutta at her maternal grandfathers place. She had all along been residing at Calcutta with him. She, after solemnization of the marriage, went to her matrimonial home at Jamshedpur on several occasions. She, however, stayed at Jamshedpur only for a total number of 10 days. The deceaseds father Raj Kumar Prasad Tamarkar (Appellant) was a resident of Giridih.

2. Allegedly, the respondent had an affair with a lady named Shahnaj. The deceased allegedly raised objection in regard thereto. She, at the material time, was staying with her parents at Giridih. At about 4.00 p.m. on 13.07.1996, the respondent came to his in-laws place at Giridih. He asked for Bidai of his wife. It was agreed that Bidai ceremony would be held on 17.07.1996. He stayed at Giridh on the said date. On 14.07.1996, allegedly, the respondent went to see a movie in a theater known as Jivan Talkies along with the deceased and her br