IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22147 of 2008 LAXMAN SAO Versus STATE OF BIHAR - - - - 3. 10.9.2008 Heard. The petitioner was initially the informant of the case which related to the murder of his wife. The murder was committed by giving a blow of Silauti on the head of the deceased. On the facts of the case, the deceased, the present petitioner and their children were sleeping at the roof top of the house. It started raining. The petitioner stated that the deceased with her children came down for sleeping in the room and at about 2.30 A.M. his eight-year-old daughter came to the roof to inform him that her mother had been murdered. Thereafter, the petitioner went to inform his father-in-law, i.e., the father of the deceased and the report was lodged. The contention was that the father-in- law of the petitioner after coming with the accused petitioner, had signed the statement of the petitioner, but did not state 2 anything adverse to him. The second contention is that on the facts as stated by the petitioner he was upstairs and he was not present in the room and, as such, he could not be assigned the role of killing. One circumstance which the petitioner appears very cleverly concealing is that he did not state that he himself came down with his wife and daughter after it started raining while the simple inference could be that he had come down. The Silauti is the household article of the petitioner’s house and the record shows that it was stained with blood. The eight-year-old daughter of the petitioner came with a statement that it was this petitioner who had thrown the Silauti on the head of the deceased and killed her. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)