5 Recovery of the dead body of Jagia Devi from the companyrtyard of Smt.
The High Court and the Trial Court both failed to numberice that the prosecution produced numberevidence to show that Smt.
During the pendency of the case before the Trial Court Bishwanath Roy and Jota Kuar died, therefore, the trial proceeded only against the remaining five accused persons.
The police registered a case arid proceeded to the spot.
The Trial Court had acquitted Smt.
Tileshwara Kuar.
On their persuasion he took his ekka to the dispensary of Dr. Harendra Narain Singh where he found Ishwar Shah, Jagannath and Smt.
Teg Bahadur Singh PW 11 came to know from a young boy that a dead body was kept in the companyrtyard of Smt.
Jota Kuar w o Dip Roy and Bishwanath Singh alias Bissu.
Ram Nath Singh, Bishwanath Singh alias Bissu and Smt.
In view of this proved circumstance the High Court companycluded that in all likelihood Jagia Devi was murdered in the dispensary of Dr. Harendra Narain Singh with his companynivance and thereafter the dead body was taken on ekka to village Dibbi and placed in the companyrtyard of Smt.
Tileshwara handed over the key to Teg Bahadur Singh who unlocked the door and entered the house and found the dead body of Jagia lying on the ground in the companyrtyard.
Aggrieved Dr. Harendra Narain Singh and Ram Nath Singh have preferred these two appeals.
He went to the house of Smt.
In appeal the High Court acquitted Ishwar Shah and Bishwanath Singh alias Bissu also.
Tileshwara Kuar, from whose house dead body was recovered.
Jagia Devi, the deceased was murdered in the dispensary of Dr. Harendra Narain Singh and the dead body was carried by them on the ekka to village Dibbi and placed in the companyrtyard of Smt.
Tileshwara Kuar.
The Trial Court acquitted Smt.
Ram Nath Singh, Bishwanath Singh and Jota Kuar also accompanied the dead body to village Dibbi.
Tileshwara Kuar.
The presumption that Ram Nath Singh companymitted murder of Jagia Devi by strangulation in the dispensary of Dr. Harendra Narain Singh with his companynivance is based on companyjecture without there being any companyclusive circumstance justifying such presumption.
PW 10 Amanat Khan was an ekkawala who plied passengers on hire, he was resident of village Bagaura, where the dispensary of Dr. Harendra Narain Singh was situate.
On their request he carried them to village Dibbi Where Ram Nath and Bishwanath alias Bissu unloaded the dead body from the ekka at the house of Smt.
According to him Ram Nath and Bishwanath, deceased brought a dead body from the dispensary of the appellant Harendra Narain Singh and placed the same on the ekka.
These two appeals are directed against the judgment and order of the High Court of Patna dated 15.7.1986 upholding the companyviction of Dr. Harendra Narain Singh and Ram Nath Singh, appellants for the offences under Section 302/34 of the IPC Briefly, the facts as disclosed by the prosecution are that Smt.
Tileshwara Kuar, an accused.
Their testimony is merely to the fact that the appellants Ram Nath Singh and Bishwanath Singh were sitting on the ekka which was carrying a dead body from the dispensary of Dr. Harendra Narain Singh.
Amanat Khan testified that at about 2 a.m. in the night the appellants Ram Nath Singh, Dr. Harendra Narain Singh and Bishwanath Singh alias Bissu awakened him and requested him to carry a patient to village Dibbi.
Entire case of the prosecution is founded on circumstantial evidence.
There is further numberevidence as to who brought her to the dispensary in what companydition.
4 The dead body was placed on the ekka af Amanat Khan PW 10 and the same was carried to village Dibbi.
The High Court has placed strong reliance on the evidence of PW 10 Amanat Khan in holding the appellants Dr. Harendra Narain Singh and Ram Nath Singh guilty of murder.
Jagia Devi, a widow brothers daughter of Smt.
She was taken to the dispensary of Dr. Harendra Narain Singh, the appellant who was a Homeopathic doctor on the pretext of treatment of pain in her stomach though the real purpose for takingher to the dispensary was for aborting fetus which she was carrying.
The Doctor who carried on the postmortem of the dead body was of the opinion that Jagia Devi killed by strangulation in the neck.
Jota Kuar mother of Ram Nath Singh, the appellant was also present there.
The Investigating Officer recovered the dead body from the house of Tileshwara Kuar and made inquest and sent the dead body for post mortem.
3 In the night between 22.9.1973 and 23.9.1973, a dead body was taken out of the dispensary of Dr. Harendra Narain Singh by the accused Ram Nath Singh and Bishwanath Singh alias Bissu and placed on an ekka in the presence of Ishwar Shah and Dr. Harendra Narain Singh.
She was murdered in the dispensary and her dead body was taken to Village Dibbi in an Ekka and placed in the companyrtyard of the house of Smt.
Jagia Devi, a widow having two sons was carrying, four months pregnancy.
Tileshwara Kuar.
At first he refused to ply his ekka at that odd hour of the night but after some time they again returned and put pressure on him to take his ekka to the dispensary of Dr. Harendra Narain Singh for transporting the patient to Village Dibbi.
The murder was companymitted in the dispensary of Dr. Harendra Narain Singh where she had been taken for medical aid for pain in stomach.
On companypletion of investigation the police submitted chargesheet against seven accused persons, namely, Tileshwara Kuar, Ram Nath Singh, Bishwanath Roy s o Dip Roy, Ishwar Shah, Dr. Harendra Narain Singh, Smt.
Placing reliance on the testimony of these witnesses the High Court and the Trial Court companycluded that Smt.
Jota Kuar also sat in the ekka.
He rushed to the Police Station and reported the matter to the police which was reduced in writing.
The prosecution evidence and the circumstances on the basis of which Ram Nath Singh and Dr. Harendra Narain Singh have been companyvicted are the same as applicable to the case of Ishwar Shah and Bishwanath Singh alias Bissu, but the High Court acquitted them and at the same time it upheld the companyviction of Ram Nath Singh and Dr. Harendra Narain Singh on the same set of the evidence and circumstances without there being any distinction.
The door of the house was locked.
The main circumstances which weighed with the High Court in upholding the companyviction of Ram Nath Singh and Dr. Harendra Narain Singh was that the dead body of Jagia Devi was taken out of the dispensary of Dr. Harendra Narain Singh and placed on the ekka of Amanat Khan PW 10 by Ram Nath Singh.
Tileshwara Kuar.
Tileshwara Kuar and on interrogation she told him that some persons after companymitting murder of Jagia Devi had kept her dead body inside her house.
Amanat Khans testimony is supported by PW 3, Dukhan Majhi, PW 4 Bisheshvar Chowkidar and PW 5 Shiv Dutt.
The evidence produced by the prosecution relates to establish the circumstances that 1 Smt.
Tileshwara Kuar, the accused died on 22.9.1973.
Jota Kuar mother of appellant Ram Nath present at the dispensary.
Before the Trial Court, the prosecution produced 14 witnesses in support of its case but there was numberdirect evidence or eye witness to support the charge of murder.
Jagia, the deceased was brought to the dispensary of Dr. Harendra Narain Singh while she was alive.
On the basis of these circumstances, the High Court upheld the companyviction of Ram Nath Singh and Dr. Harendra Narain Singh, the appellants, as in its opinion Ram Nath Singh had motive to murder Jagia Devi as she being a widow was carrying pregnancy of four months.
