SABITRI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) -BOTH these criminal appeals arising out of the same judgment were taken up for hearing together with the consent of the parties and are being disposed of by this common judgment.

(2.) THE fact of the matter lies in a very narrow compass.

(3.) THE appellants, who are husband and wife, are charged under Section 302/34 of Indian Penal Code for commission of murder of Narayan Mahato, cousin of the informant Lokan Mahato P. W. 7. The occurrence is said to have taken place at village karihari at 6. 00 RM. on 30. 8. 1984 in relation whereof the fardbeyan of the informant was recorded at 9. 00 p. m. by Shiv Prasad Ram, assistant Sub-Inspector of Police (PW-8) of hirodih P. S. at the aforementioned village. In his fardbeyan, Lokan Mahato PW-7 stated that on the fateful day, he was going to purchase flour from the shop of one bandhan Ram. When he reached in front of the house of one Lakshman Mahato, he noticed the appellant Govind Mishra assaulting, the deceased by means of 'bhala'. According to the informant, the appellant sabitri Devi caught hold of the waist of the deceased while the other appellant has been assaulting the deceased causing injuries on his head and back. Seeing this the informant raised alarm whereupon Parmeshwar Yadav (PW-2) and Jagdish (PW-3)reached there and seeing them, the appellants fled away. It is further alleged that when the informant and the witnesses came at the place of the occurrence, they found narayan Mahato dead. The aforementioned witnesses namely Parmeshwar Yadav (PW-2) and Jagdish yadav (PW-3) had seen the deceased being assaulted with bhala. It is further alleged that the appellant Sabitri Devi had been dragging the deceased towards the 'bari'. It appears that the I. O. S. P. Ram (RW.-8) got an information of the occurrence at 8. 00 p. m. on the same day and he reached the place of the occurrence at about 9. 00 p. m. situated in village Karihari which is at a distance of 4 kms. from hirodih Police station. From the statements of ASI S. R Ram (PW-8) it appears that he handed over the investigation of the officerincharge of the aforesaid Police Station. A chargesheet was submitted against both the appellants by G. R Singh, Officer-in-charge of Hirodih P. S. under Section 302/34 of Indian Penal Code.