VINAY SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 26.9.2013, passed by the Additional Sessions Judge I, Darbhanga in Sessions Trial No. 623 of 2010, arising out of Simri Police Station Case No. 53 of 2010, whereby the appellant Vinay Sah was held guilty under sections 302/34 of the Indian Penal Code (hereinafter referred to as 'the IPC') for causing death of wife of PW 9. He was also held guilty under section 307 of the IPC for attempting to cause death of PW 9. The maximum sentence imposed on him under section 302 of the IPC was rigorous imprisonment for life with fine of Rs.25,000/- having default clause, whereas the appellant has been sentenced ten years rigorous imprisonment (RI) with fine of Rs.5000/- having default clause. Two other accuseds put on trial along with the appellant were, however, acquitted.

(2.) Pw 8 (Dukha Yadav) lodged a fard beyan (exhibit 4) on 26.4.2010 at 4.30 AM at his door, recorded by Sub Inspector Vinod Kumar Singh, the Station House Officer of Simri Police Station (PW 12) alleging, inter alia, that on 25.4.2010 at 11.15 AM his grand son Saurabh, aged about 7 years, was defecating in the adjacent vacant field. It ignited a quarrel between his mother Amrita Devi (the deceased) and accused Sudma Devi, wife of accused Yogendra Sah. The matter was pacified. On the same day, i.e., 25.4.2010 at about 7.15 PM informant's son Gopi Yadav (PW 9) was returning home from Pulse-polio duty. As he reached in the front of the house of co-villager Shahid Khan, located only 3 to 4 houses east to the informant's house, the appellant and other accuseds, namely, Mithun Sah, Yogendra Sah, Kishun Sah, Sudama Devi surrounded him. Meanwhile, accused Yogendra Sah caught hold of Gopi Yadav, whereafter appellant dealt churra/knife blow on him. On receiving assault by knife, he fell down on the kharanja (brick soaling road). Shahid Khan took the injured to his Varandah. Accused Mithun Sah also gave lathi blow on him. Hearing the screamings, Amrita Devi, wife of PW 9, came to the rescue of her husband when the appellant again dealt chhura/knife blow on her head and also in her abdomen. PW 2 Anuraj, being daughter of PW 9 Gopi Yadav, had also followed her mother Amrita Devi. She too was assaulted by the appellant causing knife injury on her left hand.

(3.) In order to discharge the burden of proving the charges beyond shadow of doubts, the prosecution has examined twelve witnesses, besides exhibiting some documents. The resume, in brief, of the prosecution witnesses are as follows:-