KALAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, appellants/accused are challenging the judgment and order, dtd. 15/7/1995, passed by the learned Additional Sessions Judge, II, Purnia, in S. Tr. No. 241 of 1993 (Trial No. 71 of 1993) thereby convicting them of offences punishable under Ss. 302 read with 34 of the Indian Penal Code and 201 thereof. For the offences punishable under Ss. 302 read with 34 of the Indian Penal Code, both the appellants/accused are sentenced to suffer rigorous imprisonment for life and for the offence punishable under Sec. 201 of the Indian Penal Code they are sentenced to suffer imprisonment for three years.

(2.) Facts, in brief, leading to the prosecution of appellants/accused can be summarized, thus:

(3.) We heard Miss Anukriti Jaipuriyar, learned counsel appearing for appellants/accused. By taking us through the depositions of entire witnesses of the prosecution, she argued that the prosecution has failed to establish circumstances which are sufficient to infer guilt of the appellants/accused in the offence alleged against them. It is, further, argued that evidence of the prosecution is totally contrary and most important witness namely Vidyanand is not examined by the prosecution. Even the investigating officer is not examined by the prosecution and therefore the appellants/accused are entitled to acquittal.