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MstrBSushobhitKachhi
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The appellant is the accused. The appellant was prosecuted for the offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short I.P.C.). The learned Ad hoc Additional Sessions Judge-III, Bagah, West Champaran by his Judgement and Order dated 29th August 2013 convicted the appellant for both the offences. The appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- for the offence punishable under Section 302 of IPC. In default of payment of fine, he was directed to undergo rigorous imprisonment for three months. For the offences punishable under Section 201 of I.P.C, he was directed to undergo rigorous imprisonment for three years and to pay a fine of Rs 5,000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for three months. The learned Sessions Judge directed that both the sentences shall run concurrently. Being aggrieved by the verdict of the learned Adhoc Additional Sessions Judge, the appellant preferred an appeal before the High Court of Judicature at Patna. A Division Bench of Patna High Court by the impugned Judgment and Order dated 22nd April 2019 dismissed the appeal preferred by the appellant and upheld the judgment of the learned Sessions Judge. Briefly stated, the prosecution case is that on 18th November 2011, it was reported that the appellant's wife died due to burn injuries. On the basis of the information furnished by one Shri Mahesh Sah, Unnatural Death Case (for short U.D. case) was registered on the same day. On 18th November 2011, autopsy was done by PW No.9 Dr. Ashok Kumar Tiwari. According to the post-mortem report, the cause of death was asphyxia due to pressure around neck by hand and blunt substance. On the basis of the directions of a senior police officer, P.W.No.10 Shri Rajan Kumar Pandey registered First Information Report on 25th August 2012. At that time, he was posted as the Officer-in-Charge of Gobardhana Police Station, District West Champaran. The First Information Report was registered for the offence punishable under section 302 of IPC.