GAURI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The above appeals are directed against the same judgment dated 19.7.2001 passed by the 1st Additional Sessions Judge, Nawadah in Sessions Trial No. 157 of 1997/70 of 1998 and as such they have been heard together and this judgment would dispose of all of them. The learned Additional Sessions Judge, by the above judgment, has convicted all the appellants except appellants Anil Yadav and Ram Janam Yadav under Section 302/149 of the Indian Penal Code and has convicted appellants Anil Yadav and Ram Janam Yadav under Section 302 of the Indian Penal Code. He has further convicted appellants Anil Yadav, Ram Janam Yadav and Gaya Yadav under Section 27 of the Arms Act. The learned Additional Sessions Judge has sentenced all the appellants to undergo imprisonment for life for the murder of the deceased and has further sentenced Anil Yadav, Ram Janam Yadav Yadav and Gaya Yadav to undergo rigorous imprisonment for three years for the offence under Section 27 of the Arms Act with the direction that the two sentences against these three appellants would run concurrently. Page 0460

(2.) THE prosecution case, as disclosed from the Fardbeyan (Ext. 4) of the informant Alakhdeo Yadav is that on 2.12.1996 he along with his brothers Bichitra Yadav, Arjun Yadav and nephews Sudhir Yadav and Ram Nandan Yadav and the labourer Nandu Rajbanshi was piling paddy straw in stack in his Khalihan, west of his village. At about 11.00 A.M. his wife Suleshani Devi and Bataswa Devi, wife of his elder brother Bichitra Yadav were coming to the Khalihan with their food and while they were at a distance of about 100 ft. from the Khalihan, the female appellants, namely, Phulan Devi, wife of Gaya Yadav, Sunarwa Devi wife of Ram Janam Yadav, Lakhiya Devi wife of Mishri Yadav, Gauri Devi, Ajnasia Devi, all armed with brick bats and Mako Devi, daughter of appellant Sheo Narayan Yadav armed with Pistol surrounded them and started assaulting them. In the meantime, the other appellants among whom appellant Mishri Yadav was armed with Garasa and other appellants, namely, Anil Yadav, Ram Janara Yadav, Ganga Yadav, Sheo Nandan Yadav, Manoj Yadav armed with gun, reached there and appellant Anil Yadav fired hitting his wife Suleshani Devi on the left arm. Appellant Ram Janam Yadav also fired causing injury to his wife. Accused Mako Devi fired with her Pistol causing injury to Bataswa Devi. Appellant Gaya Yadav also fired causing injury to his wife. His wife and Bataswa Devi fell down and became unconscious. Appellant Gaya Yadav took away a silver Hasuli from his wife's neck. On hulla some villagers arrived and the appellants fled away. THE two injured were taken to Nawadah Sadar Hospital but his wife died on their arrival at the Hospital. Bataswa Devi was hospitalised for treatment. It is also alleged that as there was old enmity with regard to Rasta, the occurrence took place.

(3.) IT appears from the impugned judgment that as accused Mako Devi was a juvenile, her case was separated and sent to the court of the Chief Judicial Magistrate, Nawadah for trial. IT further appears from the evidence that appellant Mishri Yadav is son of one Baudhu Gope. Appellants Sheo Narayan Yadav and Mishri Yadav are brothers and appellants Ram Janam Yadav and Gaya Yadav are grand sons of Boudhu Gope, appellants Manoj Yadav and Anil Yadav are sons of appellant Sheo Narayan Yadav. The evidence also shows that Lilo Yadav, father of the informant was own brother of Boudhu Gope.