Advocates:
['Sanjay Kumar Jha', '', 'Rana Pratap Singh', 'Satya Veer', 'Shailendra Kumar Dwivedi', 'Saghir Ahmad', 'S C MISHRA APP', '', 'Sujit Kumar Singh']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.559 of 2015

Arising Out of PS. Case No.-68 Year-2008 Thana- RAJAON District- Banka

======================================================

Kanhai Sharma Son of Suresh Sharma Resident of Village - Dhayharna, P.S.

Rajoun, District Banka Bihar.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. Saghir Ahmad, Advocate

Mr. Sanjay Kumar Jha, Advocate

For the Respondent/s

:

Ms. Shashi Bala Verma, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE KHATIM REZA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH)

Date : 20-10-2022

Heard Mr. Saghir Ahmad, learned counsel

appearing on behalf of the appellant and Ms. Shashi Bala

Verma, learned Additional Public Prosecution appearing on

behalf of the State.

2. This is an appeal under Section 374(2) of the

Code of Criminal Procedure, 1973 (Cr.P.C. for brevity). By the

impugned judgment and order dated 02.06.2015/04.06.2015

under appeal passed by the learned 6^th Additional District and

Sessions Judge, Banka, in Sessions Trial No. 1343 of 2008(G.R.

No. 620/08), Tr. No. 250/15, arising out of Rajoun P.S. Case No.

68 of 2008, the appellant has been convicted and sentenced as

under:

Patna High Court CR. APP (DB) No.559 of 2015 dt.20-10-2022

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Convicted under Section

Sentence

Imprisonment

Fine (Rs.)

In default of

fine

302 of the I.P.C.

Imprisonment for

life

-

-

328 of the I.P.C.

R.I. for 10 years

-

-

3. The Rajoun P.S. Case No. 68 of 2008 came to be

registered, based on the fardbeyan of the informant (PW-5), on

27.04.2008 recorded by the Sub Inspector of Police, Rajoun

Police Station.

4. The informant (PW-5) is the brother of the

deceased and the appellant is the husband of the deceased.

5. The prosecution’s case, as disclosed in the

fardbeyan, is that the informant’s sister (the deceased) was

married to the appellant nearly four years before the date of

occurrence. The behaviour of the appellant, according to

informant, was not good from the very beginning with the

deceased because of protrusion of her upper front teeth

(malocclusion). The appellant used to insist upon the family

members of the deceased to get corrected the misalignment of

the upper front teeth of deceased, but because of financial

constraints, they were not in a position to get that corrected. A

female child was born out of the said marriage. At about 11:00

am., in the morning of 27.04.2002, the appellant informed the

informant that the deceased had died after falling from the

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stairs. The informant reached the matrimonial home of the

deceased, where he learnt that his sister had been killed by

administering her poison. Based on the information to the

aforesaid effect, the F.I.R. came to be registered.

6. The police upon completion of investigation

submitted charge-sheet against this appellant for commission of

the offences punishable under Sections 302 and 328 of the

Indian Penal Code based on which cognizance was taken and

the case was committed to the Court of Sessions by the learned

Chief Judicial Magistrate, Banka. Subsequently, charge came to

be framed by the trial court against the appellant for having

committed the offences punishable under Sections 302 and 328

of the Indian Penal Code. As the appellant pleaded not guilty,

he has been put to trial.

7. At the trial, six prosecution’s witnesses came to

examined as under:-

(i) PW-1 Sikandar Sharma (father of the

deceased)

(ii) PW-2 Pinki Devi (mother of the

deceased)

(iii) PW-3 Sangeeta Devi (sister of the

deceased)

(iv) PW-4 Dilip Sharma (brother of the

deceased)