VIPNI DEVI @ VIPIN DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted by Judgment and order dated 27.02.2012 and 02.03.2012 respectively passed by the Additional District and Sessions Judge-cum-Fast Track Court-IVth, Nawada in Sessions Trial No. 196 of 2009/62 of 2010 arising out of Roh P.S. Case No. 50 of 2008 for the offence under Sections 302, 201 and sentenced to rigorous imprisonment for life and three years rigorous imprisonment with fine of Rs.span 1000.00, failing which further 15 days' rigorous imprisonment respectively.

(2.) The case of the prosecution, according to the informant Lali Chauhan, P.W. 13, is that he and his wife were blind and on 22.09.2008 at about 7.00 am. when they discovered the dead body of the minor daughter, who had been missing since night of 19/20.09.2008, he instituted the present First Information Report. He further stated that on the night of occurrence when his daughter disappeared, he along with villagers started a search but to no avail. On the said night, the Appellant Raghu Nandan Chauhan had come to his door and had abused him. He used to always ask him for money. When he along with his wife and daughter were sleeping on the Varamdah, his daughter had gone missing. On the morning of 20.09.2008, they had gone to the house of Raghu Nandan Chauhan and requested him to open the door but the accused did not do so at which they became suspicious. In the evening, the villagers had convened a meeting and all of them had decided to look together for the child. He suspected that his daughter aged about 6 years had been lifted by the Appellant Raghu Nandan Chauhan and taken to his house and thereafter, he along with his mother had gouged her eyes and slit her throat and then thrown her dead body nearby. He further stated that Appellant Raghu Nandan Chauhan, was an anti social element and recently come out of jail.

(3.) During trial, the prosecution examined 17 witnesses. P.W. 1 Rajendra Chauhan, stated that on 22.09.2008 at about 7.30 am. he along with Sadhu Saran discovered the dead body in the "paen", then they informed the Police Station at which police personnel came and prepared the inquest report upon which he and Sadhu Saran signed.