IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.22 of 2004

Arising Out of PS. Case No.-115 Year-1998 Thana- BHAGWANPUR District- Begusarai

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RAJA RAM RAI Son of Suraj Rai R/V- Narharipore, P.S- Bhagwanpore Dist-

Begusarai

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr. Ajay Kumar Thakur, Adv.

:

Ms. Vaishnavi Singh, Adv.

:

Mr. Ritwik Thakur, Adv.

For the Respondent/s

:

Mr. Mukeshwar Dayal, APP.

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH

ORAL JUDGMENT

Date : 30-01-2023

The instant appeal has been filed by the appellant

namely Raja Ram Rai against the judgment impugned dated

15.12.2003 and order of sentence dated 17.12.2003 whereby the

appellant has been convicted for the offences punishable under

Sections 376 and 306 of the Indian Penal Code (in short I.P.C.)

and the appellant has been sentenced to undergo rigorous

imprisonment for ten years for the offence of Section 376 of

I.P.C. and sentenced to undergo rigorous imprisonment for seven

years for the offence of Section 306 of I.P.C. from which being

aggrieved and dissatisfied the instant appeal has been filed and

both the sentences of imprisonment have been directed by the

Trial Court to run concurrently.

Patna High Court CR. APP (SJ) No.22 of 2004 dt.30-01-2023

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2. The prosecution's case, in brief, is that one namely

Suresh Sah (P.W. 7) filed a complaint case bearing no. 434(c) of

1998 which was sent by the learned Chief Judicial Magistrate,

Begusarai to the concerned Police Station for institution of FIR

and investigation and accordingly, Bhagwanpur P.S. Case No.

115/1998 was lodged under Section 376/306 of the I.P.C. against

the sole appellant. In the said complaint, the informant alleged

that on 30.04.1998 at about 2:00 P.M. he went to attend a function

at the house of one namely Rajendra Sah with his mother Sudama

Devi and brother Sanjay Sah and the house of said Rajendra Sah

is situated at village Garsisoy in the district of Samastipur. He

further stated in his complaint that on 05.05.1998 he returned

back to his village Narharipore with Sudama Devi and Sanjay Sah

and met his wife who informed him that on 30.04.1998 at about

4:00 P.M. in the evening when she had gone to collect leaves at a

place namely Shirihiganchi, situated in the same village, then the

accused/appellant came and wanted to establish physical relation

with her, to which she protested and wanted to flee but the

accused thrashed and pushed her on the ground and committed

rape on her at the point of Pistol. The informant further alleged in

his complaint that his wife told him that she was not willing to

continue her life as she had lost her prestige and thereafter he

Patna High Court CR. APP (SJ) No.22 of 2004 dt.30-01-2023

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investigated the matter and also came to know about the

occurrence from two persons namely Sambhu Sah and Birkhi

Devi and then in the night of 05.05.1998 he informed his villagers

about the occurrence but nobody dared to speak against the

accused and thereafter on 06.05.1998 in the morning while he had

gone to his village then at about 7:30 A.M., his brother Sanjay

Sah came and informed him that something wrong had happened

with his Bhabhi (Complainant's wife) and thereafter he rushed to

his home and found that his wife (victim) had consumed poison

out of shame and frustration and thereafter he brought his wife to

Begusarai hospital with his mother and villagers Shambhu Sah

and Chamru Sah. As no Doctor was available in the Sadar

Hospital, Begusarai so he brought his wife to the clinic of one

namely Dr. Shashi Bhushan Sharma at Begusarai where his wife

died during her treatment. The informant (complainant) further

alleged that initially the post-mortem of the body of the de