GANGA DEVI AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two Criminal Appeals have been preferred for setting-aside the judgment dated 5th day of July, 1994 passed by the 5th Additional Sessions Judge, Purnia (hereinafter referred to as 'the trial Court') in Sessions Trial No. 169 of 1993 by which the learned trial Court has been pleased to hold the appellants in both the appeals guilty of the offences committed under Section 302 read with Section 34 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/- each to be paid to P.W.6 and in default it has been ordered that the appellants shall undergo simple imprisonment for one month.

(2.) Even though, one of the appellants, Shankar Mandal has not appeared in this case after issuance of warrant by this Court, we have heard Mr. Vijay Anand, learned counsel representing the appellants, Ganga Devi in Criminal Appeal (DB) No.378 of 1994 and Umesh Kahar @ Umesh in Criminal Appeal (DB) No.385 of 1994. Considering the submissions of Mr. Vijay Anand, Advocate, taking him as amicus curiae on behalf of the appellant Shankar Mandal @ Ram Shankar Mandal in the interest of justice, we proceed to decide both the criminal appeals.

(3.) The prosecution case is based on the statement of Gauri Devi (P.W.6) who is mother of the deceased Shivji Mandal. P.W.6 has alleged in her Fardbeyan (Ext.4) that her son, Shivji Mandal aged about 22 years was leaving with his wife in a rented house, his wife was not having good conduct and this fact was known to her husband. According to the informant (P.W.6) her son had told her that his wife Ganga Devi (appellant) has established physical relationship with the neighbour Umesh Kahar (appellant). P.W.6 further alleged while recording her Fardbeyan that because of this illicit relationship, her son and daughter-in-law were quarreling and had developed indifferences. It is alleged that while her son wanted to shift his residence to another place, his wife was not ready to leave the house. The informant further alleged that at about 05:00 P.M. the neighbour, Bathnu Rai (P.W.5) came to the house of the informant and informed her that her son and daughter-in-law are fighting, on this the informant claimed to have reached the house of her son with an intention to convince them but when she reached there, the door was found locked from outside. The informant claimed that along with her one Sushila Devi (P.W.4) her neighbour and Kamta Mandal (not examined) also reached there with an intention to cool down her son and daughter-in-law. It is alleged that on finding that the door was locked when she enquired from the neighbour Jhabari Devi (not examined) she was told that her daughter-in-law had locked the door and had gone to the house of the house owner. The daughter-in-law came back, the informant left the place when she was told by her daughter-in-law that her son had gone outside. As the informant reached at some distance, from behind Sushila came running after her and said that the son of the informant was dead. On hearing this from Sushila Devi when the informant came there, she found that her son was lying dead and his face was covered by a blanket. She also found ligation mark around the neck of her son. The informant claimed that in presence of persons who assembled near the dead body of her son, the daughter-in-law of the informant, on query disclosed in presence of the people named in the Fardbeyan that her husband was unable to give birth to a child, therefore, she had developed relationship with Umesh Kahar and her Nandoshi, Shankar Mandal as she wanted to give birth to a child by establishing relationship with them. The informant further alleged that the daughter-in-law also disclosed that because her husband had come to know about this relationship, he used to beat her. The daughter-in-law was told by her Nandoshi, Shankar Mandal that he would marry her after killing Shivji Mandal. It is stated that her daughter-in-law, Umesh Kahar and Shankar Mandal caught hold of Shivji Mandal and by putting ropes around his neck, they killed Shivji Mandal.