GIRJA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The criminal appeals arise out of common judgment of conviction dtd. 30/11/2017, and the order of sentence dtd. 6/12/2017, hence they have been heard together and are being disposed of by this common judgment.

(2.) Both the criminal appeals have been preferred against the judgment of conviction dtd. 30/11/2017 and the order of sentence dtd. 6/12/2017 passed by Sri Sachchida Nand Singh, Additional District and Sessions Judge 1st, Gaya in Sessions Trial No.60 of 2016 (S.J.)/ 34 of 2016 arising out of Wazirganj P.S. case No.357 of 2015, whereby and whereunder the appellants of both criminal appeals have been convicted under Ss. 302/34 of the Indian Penal Code (referred to 'I.P.C.') and have been sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000.00each for the offence under Ss. 302/34 of I.P.C. and in default of payment of fine, further undergo rigorous imprisonment for six months. The appellants have further been sentenced to undergo rigorous imprisonment for life for the offence under Sec. 120(B) of I.P.C. Both the sentences have been directed to run concurrently.

(3.) The prosecution case, as per the written report of informant Kedar Chaudhary (PW1) recorded by S.I. Santosh Kumar, Wazirganj P.S. on 25/8/2015 at about 5:45 a.m. at Pranpur village near dead body of deceased in the house of accused Girja Chaudhary, in which the informant stated that he performed marriage of his youngest daughter, namely, Munni Devi with Satendra Chaudhary son of Girja Chaudhary of village Pranpur, P.S.Wazirganj, District Gaya about 20 years ago. After marriage, his daughter Munni Devi was residing with her husband in matrimonial house and from wedlock his daughter blessed with a son, aged about 10 years. His daughter has a Nanad, namely, Rubi Devi, wife of late Vinod Chaudhary, village Dadha, P.S. Fatehpur, District Gaya. Father-in-law of his daughter wanted to give landed property and house to his daughter Rubi Devi. So daughter of informant always protested this transaction. So Girja Chaudhary, Rubi Devi and her in-laws used to torture and beat the daughter of informant and they threatened to kill her and after assaulting ousted her from the matrimonial house. His daughter Munni Devi complained this matter to him. It is further alleged that on 24/8/2015, his son-in-law Satendra Chaudhary and his Nati, namely, Nigam Kumar came at his village for taking scholarship and his daughter Munni Devi was residing in her matrimonial house at village Pranpur alone. On 24/25/8/2015 in the night at about 12/01 O' clock, father-in-law of his daughter, namely, Girja Chaudhary gave message by mobile phone that theft took place in his house and his daughter was murdered by cutting neck. After receiving information, he alongwith 20-25 people reached village Pranpur in early morning, then he saw that neck of his daughter was cut and she was lying on a cot in dead condition at her matrimonial house. The informant claims that his daughter was murdered by her father-in-law Girja Chaudhary, mother-in-law Dhano Devi, both resident of village Pranpur, P.S. Wazirganj, District Gaya, her Nanad Rubi Devi and Bhaisur of Rubi Devi, namely, Umesh Chaudhary, both resident of village Dadha, P.S. Fatehpur, District Gaya alongwith other 3-4 unknown miscreants with conspiracy to grab the land and share in the matrimonial house of Munni Devi and they are falsely blaming that theft took place in the house while all things of the house are in order and nothing was stolen. So the informant has strong belief that his daughter Munni Devi was murdered by the above named accused persons by cutting throat with Pasuli.