STATE OF BIHAR Vs. DURGAWATI DEVI

JUDGEMENT

(1.) The appellants have been held guilty in Sessions Trial No. 104 of 2018 arising out of Vijaipur P.S. Case No. 169 of 2017 dtd. 6/9/2017 by the learned 4th Additional District and Sessions Judge, Gopalganj for the offences punishable under Ss. 302, 201 and 120B of the Indian Penal Code (for short 'IPC') vide judgment dtd. 10/7/2020. The Trial Court, thus, vide its order passed on 17/8/2020 awarded death sentence to the appellants for the offence punishable under Sec. 302 of the IPC and a fine of Rs.30,000.00. However, no separate sentence was awarded for the offences punishable under Ss. 120B and 201 of the IPC. The death sentence was made subject to confirmation by the High Court.

(2.) The Reference made by the Trial Court under Sec. 366 of the Code of Criminal Procedure (for short 'the CrPC) has been registered as Death Reference No. 1 of 2020. The appellants have challenged their conviction and sentence imposed by the Trial Court by filing an appeal vide Criminal Appeal (DB) No. 136 of 2021. The appeal and the reference have been heard together and are being disposed of by a common judgement.

(3.) The First Information Report (for short 'FIR') of Vijaipur PS. Case No. 169 of 2017 is based on the fardbeyan of one Vinod Shah (P.W. 6), which was recorded by one Ashok Kumar Singh (P.W. 9), a Sub-Inspector of Vijaipur Police Station, on 5/9/2017 at 11:10 PM, in the village-Chhitauna, at the door of one Sukhi Shah.