(1.) FOR causing the death of Punia Devi, a 45 year old woman, the Appellants were tried for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (hereinafter to be referred to as the Code). Both the Appellants belonged to different clan and they are not related to each other. The Sessions Judge, Nawadah convicted them and sentenced them to undergo rigorous imprisonment for life under Section 302 read with Section 34 of the Code vide his judgment and order dated 27.11.1987 passed in Sessions Trial No. 85 of 1986. They have challenged and assailed the judgment and order of the Court below.
(2.) IN the fateful night intervening between the 8th and the 9th February, 1986, the informant Sidheshwar Chauhan (P.W. 13) along with the members of his family after taking supper retired to bed. He was sleeping alone in a room north of Staircase while his wife Punia Devi (deceased) along with her children was in another room situated to the South West of the Stairs. The deceased was on a cot while her daughter Patia aged about 12 years (P.W. 6) and son Goverdhan Chauhan, aged about 10 years (P.W. 11) were on one another cot. The informant heard outcry and shriek of the deceased and alarm raised by the children. He came out of his room and in the light of lantern which was burning in the Varanda he saw and identified the Appellants fleeing away with blood stained daggers in their hands. The Appellants soon along the stairs climbed the roof of the house. The informant raising alarm followed them and he also went over the roof. The Appellants made good es cape by jumping down from the roof and fleeing away towards the west.
(3.) THE informant in the early next morning went to the police station and lodged First Information Report on the basis of which the case was registered at about 8.45 AM. on the 9th February, 1986. Gorakh Nath Sharma, the Officer -in -Charge and the Investigating Officer (P.W. 15) visited the place of occurrence, said (sic) the dead body of the deceased, prepared inquest report at about 9.45 A.M. in presence of Ramautar Chauhan and Puna Prasad Chauhan (not examined), inspected the place of incident and seized blood stained clothes etc. from the cot on which the deceased was lying dead and prepared seizure list in presence of Karu Chauhan (P.W. 7) and Gulab Chauhan (P.W. 9) who put their signatures thereon. The Investigating Officer caused the dead body of the deceased to be sent to mortuary for autopsy. He recorded the statements of the witnesses and after receiving postmortem examination report made by Dr. Sant Choudhary (P.W. 14) and completing investigation submitted chargesheet and finally trial commenced after commitment.