IMPORTANT POINT
The judgment reinforces the principle that consistent eyewitness accounts, when corroborated by medical evidence, can establish guilt in murder cases, even in the absence of independent witnesses.

JUDGMENT :

(Ashutosh Kumar, J.)

1. We have heard Mr. Devendra Narayan Singh, the learned Advocate for the appellant and Mr. Bipin Kumar, the learned APP for the State.

2. The appellant, who is the husband of the deceased, is alleged to have slit the neck of his wife, namely, Kunti Devi (deceased).

3. The appellant has been convicted under Section 302 of the IPC vide judgment dated 05.03.2016 passed by the learned Additional District & Sessions Judge V, Saran at Chapra in Sessions Trial No. 545/2013 – Reg. No. 67/2014, arising out of Khaira (Nagra) P.S. Case No. 139/2012. By order dated 09.03.2016, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 20,000/-and in default of payment to further simple imprisonment for two years. The appellant has, but, been acquitted for the offence under Section 3/4 of the Explosive Substances Act, 1908 on account of paucity of evidence and no sanction having been obtained for proceeding against the appellant under the aforesaid section of Explosive Substances Act, 1908.

4. The F.I.R was lodged by the uncle of the deceased, namely, Chhotelal Rai (PW4) on 17.12.2012. He has alleged that on the previous night, the appellant who is the husband of the deceased and who has married another woman during the subsistence of his first marriage with the deceased, had come home and had slept in the room along with the deceased after dinner. Later in the night at around 2.00 A.M., PW4 got up on some noise and saw that the appellant was trying to kill the deceased. He tried to prevent the appellant but the appellant got the better of him; slit the neck of his wife and ran away. He was attempted to be nabbed but the appellant was successful in running away. However, the local police arrested him at the Khaira Railway Station. The deceased was carrying pregnancy of eight months. PW4 did not know the reason for the deceased to be killed at the hands of her husband. In the house, there were some remains of explosion. Perhaps, the deceased had also lobbed a bomb but this was only the guesswork of PW4.

5. On the basis of afore-noted fardbeyan statement of PW4, a case vide Khaira (Nagra) P.S. Case No. 139/2012 dated 17.12.2012 was registered for investigation under Sections 302 IPC and Section 3/4 of the Explosive Substances Act, 1908.

6. The police after investigation submitted chargesheet against the appellant under Section 302 IPC as also Section 3/4 of the Explosive Substances Act, 1908.

7. The Trial Court, after having examined six witnesses on behalf of the prosecution, one Court witness, who is the daughter of the deceased, and three witnesses on behalf of the defence, though acquitted the appellant of the charge under Section of the Explosive Substances Act, 1908 but convicted him for the offence under Section 302 IPC and sentenced him as aforesaid.

8. The dead body of the deceased was subjected to postmortem examination on 17.12.2012.

9. The Doctor/ Surendra Mahto (PW5), who had conducted the postmortem examination found a sharp cut injury on the neck of the deceased. The injury though was found to be skin deep and there was no incision in the muscles of the neck but the trachea and oesophagus were found to be cut. The further observation of PW5 is that the vertebra also was cut. Perhaps, the Doctor (PW5) meant medulla-oblongata but he has referred to it as vertebra. A dead fetus of eight months was found in the stomach of the deceased. The death was opined to be because of hemorrhage and shock due to sharp cut injury. The time of death was fixed between 10 to 12 hours from the time of postmortem examination.

10. It thus appeared that there can be no doubt about the deceased having been killed by slitting her neck.

11. The dead body of the deceased was found at about some distance from the house of the deceased but near the abandoned house of one Bibhuti Singh.

12. As the prosecution story goes, the deceased was dragged from her house and then killed behind the cow-shed of aforesai