CHANDO YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 11.06.2009 and order of sentence dated 16.06.2009 consequently passed by the learned Additional Sessions Judge, Lakhisarai in Sessions Trial No.63 of 1998. The three appellants had been held guilty of committing offence under Section 302 Indian Penal Code and while appellant Arvind Yadav was directed to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- in case he defaulted in making the payment of fine, the two appellants, namely, Chando Yadav and Sita Devi @ Rupiya Devi were directed to suffer simple imprisonment for life as also to pay a fine of Rs. 10,000/-. Both appellants Chando Yadav and Sita Devi @ Rupiya Devi were further held guilty of committing the offence under Sections 498A, 201 and 342 Indian Penal Code and each of them was directed to suffer simple imprisonment for three years and to pay a fine of Rs. 3,000/- under Section 498A Indian Penal Code, rigorous imprisonment of seven years with a fine of Rs. 5,000/- under Section 201 Indian Penal Code and finally for simple imprisonment for one year and to pay a fine of Rs. 1,000/- under section 342 Indian Penal Code. As regards the sentence, the appellants were to suffer in case of non-payment of fine, the learned trial Judge had passed a consolidated order directing that each of them shall have to suffer imprisonment for a further period of one year.

(2.) P.W.1 Rajendra Yadav was the father of deceased Samudri Devi and admittedly the deceased was married to appellant Arvind Yadav. It does not appear disputed that the deceased Samudri Devi was residing on 04.08.1993 in the house of appellants and it is also not disputed that the dead body of Samudri Devi was found in a well at village-Basmatiya. Another undisputed facts were that the deceased had been murdered probably by being asphyxiated to death on account of heavy pressure being put on her neck.

(3.) In the above background, it was stated by P.W.1 in his fardbeyan that he had been informed by one Padarath Yadav (not examined) that his daughter wanted to see him. The informant stated that he came to village-Basmatiya and arrived there at 5 P.M. when on being informed, the deceased came with a lota full of water and holding his feet, she started weeping. The informant soothed his daughter and asked her to point out the reason for which she was weeping. The deceased Samudri Devi is said to have stated to the informant P.W.1 that her husband was planning to commit her murder when the informant consoled her that it was not possible and he stayed in the house of the appellants.