DEVA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the four appeals were heard analogous as the same arise from one and same judgment dated 2nd February, 2002 passed in Sessions Trial No. 65/98/13/99 passed by Sri Sanjay Kumar, 2nd Additional Sessions Judge, Nawadah, as such all the appeals are being disposed of by a common judgment which is being passed in Cr. Appeal No. 97 of 2002. All the above four criminal appeals have been preferred against the judgment dated 2nd February, 2002 and the order dated the 4th February, 2002, passed by the llnd Additional Sessions Judge, Nawadah, in Sessions Trial No. 65/98/13/ 99 whereby he has been pleased to convict all the four appellants under sections 302/34 and 201/34 of the Indian Penal Code and sentenced them to undergo R.I. for life under section 302/34 of the Indian Penal Code, and R.I. for three years under section 201/34 of the Indian Penal Code. The learned trial Judge has further directed that both the sentences shall run concurrently.

(2.) THE prosecution case as per the fard bayan of informant Doman Mahto (P.W. 6) recorded by A.S.I. Sri D. L. Ram of Kowakole P.S. on 13.8.97 at 19.45 hrs. at village Marpo, P.S. Kowakole, District Nawadah, in brief, is that his daughter Sumani Devi was married to appellant Rajendra Prasad Arya about ten years ago as per the Hindu rites and customs. About four years back, Rukhsati of his daughter was performed and since then she was residing in her Sasural in village Marop. She also gave birth to a female child who was about three years old. At the time of occurrence she was carrying pregnancy of about seven months. Further case is that on 13.8.97, at 12.00 in the noon when the informant was at his house, Mathura Mahto (P.W. 1) son of Paro Mahto came to his house and told him that the father -in -law of his daughter, namely, Parmeshwar Mahto, her husband Rajendra Prasad Arya, her Dewar and her mother -in -law had committed murder of his daughter and his maternal granddaughter (Natni) Sushma Kumari by assaulting and beating them and by strangulating their neck. He also told the informant that after committing murder they had set fire to the dead bodies after keeping the same on a cot. The informant on getting the above information went to village Marpo and on reaching at the house of his daughter he saw the dead bodies of his daughter as well as his maternal grand -daughter (Natni) lying on a cot having bum injuries on their bodies. The tongues of both the deceased were found protruded. On enquiry from the villagers, the informant was told that his daughter had gone to the paddy field after taking meal of her husband and her other in -laws from where her father -in -law, Dewar, mother -in -law and husband brought her to her house and on way they were assaulting his daughter. The informant was also told that the abovenamed persons after bringing his daughter in the house killed his daughter as well as his maternal grand -daughter. Further case is that the husband and other in -laws of the informant's daughter had been assaulting and torturing the informant's daughter for the last 4 -5 years.

(3.) THE defence case as it appears from the record and from the trend of cross -examination of the prosecution witnesses as well as from the evidence of D.Ws. examined in this case is that the appellants are innocent and have been falsely implicated in this case. The deceased Sumani Devi died due to accidental death as while she was preparing meal her clothes caught fire and she as well as her daughter came under the flame of fire, sustained burn injuries and due to the said injuries she and her daughter Sushma Kumari died.