SUNITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three criminal appeals arising out of the judgment of conviction and order of sentence dtd. 26/9/2016 and 29/9/2016 respectively (hereinafter called 'impugned judgment and order') passed by the learned Additional Sessions Judge XI, East Champaran at Motihari (hereinafter referred to as the 'learned trial court') in Sessions Trial No. 374 of 1998 / Supplementary Registration No. 183 of 2015 arising out of Chakia P.S. Case No. 19 of 1998, G.R. No. 259 of 1998 (State through Jagdish Singh vs. Dinesh Chaudhur and Others) have been heard together and are being disposed of by this judgment.

(2.) By the impugned judgment and order, the learned trial court has been pleased to hold the appellants guilty for the offence under Sec. 302 read with Sec. 149 of the Indian Penal Code (in short 'IPC') and they have been sentenced to undergo imprisonment for life and also to pay a fine of Rs.10,000.00 each. In default of payment of fine, they will have to undergo further rigorous imprisonment for six months.

(3.) As per the prosecution story, fardbeyan of the informant Jagdish Singh (PW-3) was recorded on 11/2/1998 in Referral Hospital, Chakiya at 11/15 hours by S.I. Ram Naresh Prasad Singh (PW-5) in front of the dead body of his daughter Sudha Kumari @ Tuni (deceased). The informant stated that today in the morning at about 7 hours he was at his Baithka and his wife and daughter were sleeping in the room inside the house and at that time, his gotiyas (1) Gagandev Chaudhur, (2) Anandev Chaudhur, (3) Sunerdev Chaudhur, (4) Ramdev Choudhur, (5) Laliteshwar Kumar Singh @ Bhola Singh, (6) Shubh Narayan Choudhur, (7) Manoj Kumar, (8) Krishna Kant Singh @ Chutun, (9) Pradeep Chaudhur, (10) Dinesh Chaudhur, (11) Shobha Devi, (12) Manju Kumari, (13) Sunita Devi, (14) Shanti Devi and (15) Kapildev Narayan Singh, all of village Gangati, P.S.- Chakiya, District- Motihari entered into his house by abusing having 'lathi-danda' and tengari and started searching his daughter Sudha Kumari. On hearing their sound, the informant also came in the angan and saw that above named Gagandev Chaudhur and Laliteshwar Kumar Singh slammed down his daughter after dragging her from bed and with these two persons other above named togetherly started beating his daughter on which his daughter started crying loudly, when the informant and his wife tried to save her then Anandev Chaudhur assaulted the informant also and caused head injury by the butt of tengari. In the meantime, Shubh Narayan Chaudhur threw the double barrel gun no. 7405123 kept in his house after damaging it's kunda and butt. Kapildev Singh told all the persons to kill the girl as she is always leading quarrel. On his instigation, above named all accused persons caught hold of his daughter and killed her by pressing her neck. On shouting of informant, his villager Braj Kishor Prasad, Binod Kumar Pandey and others came running then above persons fled away from his house. The informant stated the reason behind the occurrence that yesterday in the evening of 10/2/1998, there was a quarrel of Sudha Kumari with the daughter of Gagandev Chaudhur. The informant and his wife brought the daughter to Chakiya Government Hospital through tyre vehicle where doctor declared her to be dead. The informant claimed that all the accused persons killed his daughter by pressing her neck with common intention and conspiracy in the background of dispute of pattidari and case.