SANTU PANDIT S/O RAM PERVESH PANDIT AND FULJHARI DEVI @ PHULJHARIA DEVI W/O RAM PERVESH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal was preferred by three Appellants namely, Santu Pandit, Ram Pervesh Pandit and Fuljhari Devi alias Phuljharia Devi. Appellant No. 1 Santu Pandit and Appellant No. 3 are son and wife respectively of Appellant No. 2 Ram Pervesh Pandit. During pendency of this appeal, Appellant No. 2 Ram Pervesh Pandit has died and a report regarding his death has been received. As such, the appeal against Appellant No. 2 Ram Pervesh Pandit abates and the appeal remains only against Appellant No. 1 Santu Pandit and Appellant No. 3 Fuljhari Devi alias Phuljharia Devi.

(2.) THE appeal is against the judgment of conviction dated 24.01.2004 and order of sentence dated 27.01.2004 passed by Sri Syed Ahmad Danish, Presiding Officer of Additional Court No. V (F.T.C.), Saran at Chapra in Sessions Trial No. 164 of 2001/15 of 2003 whereby Appellants were convicted for offence under Section 302/34 of the Indian Penal Code and were sentenced to life imprisonment. No sentence of fine was awarded.

(3.) IN order to prove its case, the prosecution examined altogether 14 witnesses and exhibited the documents. The witnesses are: