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2002 Supreme(Pat) 765
PATNA HIGH COURT
Sachchidanand Jha and P.N.Yadav JJ.
Bishundeo Poddar
Versus
State Of Bihar
Criminal Appeal No. 9 of 1997 ;
Decided On : JULY 18, 2002
The burden of proof on the prosecution to establish the case beyond all reasonable doubts, and the significance of identifying the deceased in cases of murder and cruelty to wife.
Headnote:
Sec. 302/34, Penal Code - Conviction of appellants for murder and cruelty to wife - Summary of Acts and Sections: Sec. 302/34, Sec. 498-A of the Penal Code - The court discussed the evidence related to the murder and cruelty to the wife under these sections, emphasizing the importance of identifying the deceased and the burden of proof on the prosecution.
Fact of the Case:
The case involved the murder of a woman who was ill-treated by her in-laws due to her objection to her husband's illicit relationship. The prosecution's case was based on the recovery of the woman's dead body and the evidence of her family members.
Finding of the Court:
The court found that the evidence proved beyond reasonable doubt that the deceased was murdered and did not die of natural causes. The court also emphasized the importance of identifying the deceased and the burden of proof on the prosecution.
Issues: The key issues included the identification of the deceased, the circumstances of her death, and the burden of proof on the prosecution.
Ratio Decidendi: The court held that the prosecution had proved its case beyond all reasonable doubts, emphasizing the significance of identifying the deceased and the in-laws' obligation to explain the circumstances of the death.
Final Decision: The appeals were dismissed, and the appellants were directed to surrender to serve the remainder of the sentence.
S.N.JHA, J.
1. These two appeals are directed against the judgment and order by which the appellants have been convicted under Sec. 302/34, Penal Code and sentenced to rigorous imprisonment for life and further convicted under Sec. 498-A of the Penal Code and sentenced to rigorous imprisonment for two years. There are three appellants in Cr. Appeal No. 9/97. They are in-laws of the deceased. In Cr. Appeal No. 44/97 the appellant is the husband.
2. Briefly stated, omitting the unnecessary details, the case of the prosecution is that Ranju Kumari, daughter of the informant Ram Narayan Poddar, was married to appellant-Birendra Poddar of Village Sadpur, P. S. Sahebpur Kamal, District Begusarai on 27-6-90. In her sasural she was ill-treated, the reason being that Birendra Poddar was having illicit relationship with his Bhabhi, Janki Devi, one of the appellants herein, to which Ranju was objecting. Her objection was not taken well and she was at times beaten. Ranju Kumari told her father about the ill-treatment. She expressed her apprehension that she might be killed and, therefore, she does not want to go to her sasural. However, on account of marriage in the in-laws family Rokshadi was performed on 5-4-93. She sent letters describing her plight. Ram Narayan Poddar sent his son Sanjay to bring her but she was not allowed to come. On 8-9-93 his nephew Shashi Bhushan Poddar informed Ram Narayan Poddar that Ranju had been killed by her husband and in-laws in the night of 1/2-9-93 and her dead body made to disappear. Ram Narayan Poddar along with Shashi Bhushan Poddar and son Sanjay Poddar went to Sadpur to enquire the whereabout of Ranju. Appellant Bishundeo Poddar (father-in-law of Ranju) told that Ranju had died of illness. Ram Narayan Poddar made enquiries and came to learn that she had been killed and her dead body made to disappear by the appellants.
3. On 9-9-93 at 11.45 a.m. Ram Narayan Poddar lodged written report to the above effect on the basis of which Sahebpur Kamal PS Case No. 128/93 was instituted.
4. On 10-9-93 dead body of a woman was recovered at Village Chhoti Balia Dharara Ghat Bahiyar within Balia Police Station in the field of one Rajendra Yadav. Her neck was found cut. On the statement of said Rajendra Yadav, Balia PS Case No. 159/93, dated 10-9-93 was instituted. The Officer-In-charge of Balia who made the inquest at 10-30 a.m. found besides cut in the neck, the tongue protruded, the body swollen and blisters (on the body) at many places. The body was clad in blouse and petticoat. A sari was lying by the side. The body was sent to Begusarai Sadar Hospital where post-mortem was held by Dr. Raja Rajeshwar Prasad Singh on 11-9-93 at 10-30 a.m. Since the body had not been identified till then he described it as body of an unknown woman. It was later identified as that of Ranju Kumari i.e. daughter of Ram Narayan Poddar, by one Shatrughan Thakur, a co-villager. Ram Narayan Poddar came to learn about the recovery from Teghra PS through one Maheshwar Thakur at 1-30 p.m. He along with others went to Begusarai Hospital and found the dead body of Ranju lying at Ambedkar Sangh, a part of the hospital premises. After he identified the body as that of his daughter custody thereof was made over to him which he later cremated.
5. After the Investigating Officer of the instant case i.e. Sahebpur Kamal PS Case No. 128/93 learnt about the recovery of the dead body on 12-9-93 he went to Balia P.S. contacted the Officer-In-charge and learnt that the body had been made over to her father i.e. Ram Narayan Poddar. Constable No. 57 Kailash Prasad Yadav confirmed it. In the meantime he had recorded the statements of the witnesses. After completing the investigation he submitted charge-sheet against the appellants and one Jawahar Poddar and Ram Prakash Poddar who have since been acquitted by the judgment under appeal.
6. At the trial, which followed, the prosecution examined 12 witnesses to prove its case. The material witnesses
