DULARI KEWAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants by preferring this appeal have assailed the judgment dated 29.5.2001 and order dated 30.5.2001 passed by 1st Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 526/1994 convicting and sentencing them to undergo RI for life under Sections 302/34 of the Indian Penal Code (in short, IPC).

(2.) The case of prosecution, in short, is that on 16.12.1993 the informant Kusum Devi (PW 11) after taking meal was in her house along with her children and her husband Doman Kewat. At about 9 p.m. appellant Sadhu Kewat came to her house and called her husband and hearing the call her husband came out of the house and she also came out of her house with him. Appellant Sadhu Kewat asked the husband of informant to accompany him to his house for some urgent work. Informant raised objection but appellant Sadhu Kewat assured her that he would bring her husband back. The husband of informant left his house with appellant Sadhu Kewat. Informant waited the return of her husband till 12 Oclock in the night but when he did not come she apprehended that something had happened and she then awakened her sister-in-law Manju Devi (PW 7) and her neighbour Kailash Kewat (PW 4) and told them that her husband left the house with appellant Sadhu Kewat at about 9 p.m. but had not returned till then. All the three started searching the husband of informant and went to the house of appellant Sadhu Kewat and found his house bolted from inside and no body responded in spite of calls. Informant apprehended that her husband had been killed by appellant Sadhu Kewat and she tried her level best to open the gate of the house but she did not succeed. At about 6 a.m. in the morning when police patrolling party reached there after hearing the rumours the informant told the police that her husband had been taken away by appellant Sadhu Kewat on the previous night and house of appellant Sadhu Kewat was bolted from inside and not being opened inspite of calls. The police party with the help of villagers got the house of appellant Sadhu Kewat opened and then informant found that dead body of her husband was lying in the verandah of the house. On seeing the dead body it appeared to informant that appellant Sadhu Kewat, his father appellant Dulari Kewat and his wife appellant Girija Devi by assaulting with hard and blunt substance on the head of her husband had committed his murder. Fardbegan of informant was recorded by SI Mangal Soran of Bind Police Station on 17.12.1993 at about 7 a.m. at the-house of informant in which she clearly stated that her husband had no enmity with appellant If Sadhu Kewat or his family members and she was not knowing why her husband was killed and she further stated that in the night she had heard hulla of chor-chor. On the basis of fardbeyan of informant a case under Sections 302/34, IPC was registered against the appellants and police after investigation submitted charge-sheet. Cognizance of the case was taken and case was committed to the Court of Session where charge under Sections 302/34, IPC was framed against all the three appellants and on their denial to the charge they were put on trial and after trial they were found guilty and were convicted and sentenced to undergo RI for life under Sections 302/34, IPC.

(3.) The case of appellants as it appears from the trend of cross-examination of prosecution witnesses is that deceased himself was a thief and on the night of occurrence in the absence of appellants he entered in their house for committing theft but was caught by villagers who assaulted him and he died. No witness on behalf of the appellants has been examined.