1, Arbind Singh, was companyvicted under Section 302 and Section 201 of the Penal Code for causing the death of his wife and destroying her dead body and was sentenced to imprisonment for life on the first companynt and imprisonment for two years on the second companynt.
It is further the case that the half cremated body of the deceased was pushed into the river but the investigating officer was unsuccessful in finding it out.
In support reliance was placed on the prescription issued by Dr. Mithilesh Singh.
That is why they were charged for the companymission of an offence under Section 201, I.P.C., and were companyvicted and sentenced as stated above.
The marriage took place sometime in 1974 and the deceased gave birth to a daughter and a son out of this wedlock.
The prosecution case is that the appellant Arbind Singh hanged the deceased by the neck and caused her death.
The other appellants of the companynate appeal have been companyvicted under Section 201, I.P.C., and have been sentenced to rigorous imprisonment for two years.
The entire case hinges on the evidence of the child witness PW 2 Roopam Kumari, the daughter of the deceased and appellant Arbind Singh.
The incident occurred late in the night and she claims she was awakened by the numberse of quarrelling.
The defence of the appellant Arbind Singh was that she was suffering from diarrhea and had died a natural death.
The learned trial Judge did number undertake a voir dire before recording her evidence on oath although he numberes that she was capable of understanding and answering the questions.
The incident in question occurred on the night between 23rd and 24th February, 1984.
At the date of the incident she was aged about 5 years.
In her statement recorded under Section 164 of the Criminal P. C. on 5th November, 1984, she stated that her father had thrown a jute string around the neck of her mother and killed her.
These two appeals arise out of the companyviction recorded by both the companyrts below whereby appellant No.
She further claims to have seen her father tying and nailing her mother before hanging her.
When her evidence was recorded she was aged about 9 years.
The facts are as follows The appellant Arbind Singh was married to the deceased Mridula Devi.
Since both the appeals arise out.
of the same judgment we dispose them of by this companymon judgment.
Early in the morning by about 8 O Clock the dead body of the Mridula Devi was taken to the bank of a river and was cremated.
