DHANESHWARI DEVI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals arise out of the judgment and order of conviction dated 22.5.1987 passed by 7th Additional Sessions Judge, Arrah in Sessions Trial No. 132 of 1979, they have been heard together and are being disposed of by this judgment.

(2.) The appellants in Cr. Appeal No.267 of 1987 have been convicted for the offence under Sections 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. The appellants-Dhaneshwari Devi, Kapil Ahir, Rajeshwar Ahir, Dhuman Ahir and Kalut Ahir have further been convicted for the offence under Section 147 of the Indian Penal Code and have been sentenced to undergo imprisonment for one year. The appellants-Haribans Ahir and Kanhaiya Ahir have further been convicted for the offence under Section 148 of the Indian Penal Code and have been sentenced to undergo imprisonment for two years. Appellant in Cr. Appeal No.300 of 1987 has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 148 of the Indian Penal Code and has been sentenced to undergo imprisonment for two years.

(3.) The prosecution case is that one Samundari Devi wife of the deceased, Nanhak Kanoo, gave her fardbeyan on 21.9.1978 at 5 p.m. that she and her husband had gone towards south of the village to cut leaves of the palm tree. They had cut two bundles of palm leaves and at about 12.30 p.m. she and her husband started for their house with bundles of palm leaves. When they reached near the paddy field of Swaroop Singh, she saw accused-persons, out of whom appellant-Kashi Nath Ahir was armed with sickle, appellants-Kanhaiya Ahir and Haribans Ahir were armed with Rami and rest of the appellants except Dhaneshwari Devi were armed with lathi. Appellant-Dhaneshwari Devi pressed the mouth of the informant and instigated the rest of the appellants to kill her husband. Appellant-Kalut Ahir caught hold of the informant's husband-Rajendra Ahir, appellants-Kapil Ahir and Rajeshwar Ahir caught hold of hands and legs. Appellant-Haribans Ahir wielded his Rami, which the deceased caught hold causing cut injury on his fingers. Thereafter, appellant-Dhuman Ahir fell him on the ground and appellant-Kashi Nath Ahir cut his neck with sickle. Appellant-Kanhaiya Ahir was also instigating to commit murder. After committing the occurrence, the accused-persons ran away. Thereafter, she raised alarm on which Lakshman Sao, Ram Pravesh Sao and Chandrama Singh came there and saw the occurrence. The motive of the occurrence was that some days prior to the occurrence, Bishu Ahir, the brother of the accused Kashi Nath Ahir had been killed and the accused-persons suspected the hands of the deceased in the alleged occurrence.