VIJAY YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Because of the fact that instant litigation is being fought amongst spouses whereupon, at the request of learned counsel for the appellants so many adjournments were granted in order to facilitate compromise which, could not materialized and lastly, the matter has been heard.

(2.) All the appellants, namely, Ashok Yadav, Uday Pd. @ Phonu Yadav, Ganauri Yadav, Rinku Devi, Renu Devi, Soni Devi, Phulwa Devi have been found guilty for an offence punishable under Section 323 of the IPC and each one has been directed to undergo S.I. for a year while appellant Vijay Yadav husband has also been found guilty for an offence punishable under Section 498A of the IPC and sentenced to undergo R.I. for three years as well as to pay fine appertaining to rupees two thousand in default thereof, to undergo S.I. for three months additionally, by Additional Sessions Judge, IIIrd, Nawada in Sessions Trial No.156 of 2009/64 of 2014.

(3.) Pw.2, Sanju Devi who happens to be wife of appellant no.1, Vijay Yadav had recorded her fardbeyan on 18.09.2007 at about 10:00 AM disclosing therein that her husband frequently treated her with cruelty as well as torture even going to the extent of inflicting physical harm. Today also, he along with Ashok Yadav, Ganauri Yadav, Phonu Yadav, Sona Devi (her sautin), Rinku Devi all armed with lathi, danda and garasa assaulted her as a result of which, she became unconscious. Villagers Baleshwar Yadav, Lakhan including her mother, who fortunately came at that very moment to meet with her, took her to P.S. where she regained sense wherefrom, she is being sent to hospital by the police officials for proper treatment. It has also been divulged at her end that she was not being provided food as a result of which, she has been forced to work as a labour. At an earlier occasion also her husband had assaulted her.