Case Facts:
Patna High Court CR. APP (DB) No.367 of 2005 dt.26-09-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.367 of 2005 ------ Against the judgment of conviction dated 06.05.2005 and order of sentence dated 07.05.2005 passed by Sri Kishori Ram, Additional Sessions Judge, Fast Track Court No.I, Nalanda in Sessions Trial No.142 of 2004/87 of 2004. =============================================== Raj Kapur Kumar son of Late Ayodhya Singh, resident of village Punha, P.S.Rahui, District Nalanda .... .... Appellant Versus The State Of Bihar .... .... Respondent =============================================== Appearance : For the Appellant : M/s Rajendra Prasad, , Sr.Advocate, Pramod Kumar,Ritesh Kumar and Bimal Kumar Datta, Advocates For the Respondent : Mr.Ashwini Kumar Sinha,APP =============================================== CORAM:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 26-09-2012 -------- The sole appellant Raj Kapur Kumar has preferred this appeal against the judgment of conviction dated 06.05.2005 and order of sentence dated 07.05.2005 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Nalanda in Sessions Trial No. 142 of Patna High Court CR. APP (DB) No.367 of 2005 dt.26-09-2012 2 2004/87 of 2004 whereby he has been held guilty under [STATUTE] and has been sentenced to undergo rigorous imprisonment for life. 2. Fardbeyan (Ext.2) of Chaukidar 6/5 Ravindra Paswan of village Punha, P.S.Rahui, District Nalanda was recorded by S.I. Yogendra Prasad, Officer-in-charge of Rahui Police station at 8. A.M. on 03.09.2003 wherein the Chaukidar has stated that in the preceding night at about 11.30 P.M. cry enunciated that Raj Kapur Kumar at 10.30 P.M. has strangulated his wife Sunita Devi aged 26 years to death and in course of escaping he was overpowered by the villagers and neighbours and was nabbed. On hearing, the Chaukidar rushed to the house of Raj Kapur Kumar where Urmila Devi (P.W.5) and Sanju Kumari (P.W.4) in presence of their husbands and other villagers divulged that at preceding 10.30 P.M. they heard cry enunciating from the roof of Raj Kapur Kumar to the extent that Sunita Devi was crying for her rescue. When Patna High Court CR. APP (DB) No.367 of 2005 dt.26-09-2012 3 the voice was chocked, these two persons along with their family members and neighbours went to the house of Raj Kapur Kumar and found the accused there. He was trying to escape but he was suspected to have strangulated Sunita Devi. The villagers were aware that Sunita Devi was disliked by Raj Kapur Kumar as he had illicit relationship with his Bhabhi who was living with her husband at Biharsharif. However, the fardbeyan resulted in formal F.I.R. of Rahui P.S.Case No. 138 of 2003 under [STATUTE] against the sole accused. The investigation started. In course of investigation, inquest report (Ext.3) was prepared, post mortem report (Ext.4) was obtained, statements of the witnesses under Section 161 of the Code of Criminal Procedure were recorded and place of occurrence was inspected. The police found the case to be true, so chargesheet was submitted. After cognizance, police papers were supplied and as the case was triable by the court of Sessions, it was Patna High Court CR. APP (DB) No.367 of 2005 dt.26-09-2012 4 accordingly committed where charge under [STATUTE] was framed and explained to the accused who pleaded innocence. Hence trial proceeded. 3. There appears no specific defence but the defence of the appellant was that he was not present in the house when the unfortunate incident had taken place and he was unnecessarily suspected to be the person for causing death of his wife though his wife had no grievance against him. 4. In order to substantiate its case, the prosecution has examined 10 witnesses. They are: P.W.1 Binod Kumar, P.W.2 Chandeshwar Singh, P.W.3 Har Govind Singh, P.W.4 Sanju Kumari, P.W.5 Urmila Devi, P.W.6 Rabindra Paswan, the informant of the case, P.W.7 Pato Devi, P.W.8 Arvind Mahto, P.W.9 Sita Ram Singh and P.W.10 Dr. Mithlesh Kumar. 5. The trial court after hearing learned counsel for the parties and considering the evidences on record came to the conclusion Patna High Court CR. APP (DB) No.367 of 2005 dt.26-09-2012 5 that the prosecution has been able to prove the charge against the accused beyond the shadow of all reasonable doubts and passed the order of conviction and sentence, as stated above. 6. This Court is required to reappraise the evidences on record and to see as to whether there were materials on record to prove the charge against the appellant beyond the shadow of all reasonable doubts or not. 7. First of all, we would like to discuss the evidence of the doctor P.W.10 Mithilesh Kumar who held post mortem over the dead body of the deceased. On 03.09.2003, this witness was posted as Medical Officer, Sadar Hospital, Biharsharif and on that day he held post mortem over the dead boy of Sunita Devi aged 26 and found presence of rigour mortis and following injuries: (i) Abrasion left side of supra external region- 1”x ¾”. (ii) Abrasion near thyroid cartilage – 1”x3/4”. Patna High Court CR. APP (DB) No.367 of 2005 dt.26-09-2012 6 (iii) Bruise right side of the neck 1 ½”x3/4” black. (iv) Both eyes red and congested. On internal examination, he found haemotoma right side of the neck muscle and fracture of thyroid cartilage. The time elapsed since death was within 24 hours and cause of death was asphyxia due to throttling. The evidence of the doctor is that the death was on account of throttling and it was within time which has been alleged by the prosecution at the time of initial versions. 8. Once the homicidal death of Sunita Devi has been proved, then this Court is required to see as to whether the witnesses who have been examined on behalf of the prosecuti

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.