PRIYANKA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two appellants have preferred the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") against judgment of conviction and sentence dated 29-06-2012 and 04-07-2012 respectively, passed by Sri Jagannath Rai, learned 1st Additional District & Sessions Judge-cum-Special Judge, Sitamarhi (hereinafter referred to as "Trial Judge") in Sessions Trial No. 36 of 2011 (arising out of Piprahi P.S. Case No. 117 of 2010). By the said judgment, both the appellants were held guilty and convicted for commission of offence under Sections 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as "I.P.C."). By order dated 04-07-2012, the learned Trial Judge sentenced both the appellants under Sections 302/34 of the I.P.C. to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- (twenty thousand) each. In case of default in payment of fine, they have been directed to further undergo simple imprisonment for two years.

(2.) Short fact of the case is that on 12-12-2010 at 9:00 AM, the officer incharge of Piprahi Police Station namely Sri R. Mishra (P.W.5) recorded fardbeyan of Manisha Devi (P.W.3) wife of late Mukesh Kumar Singh (deceased). The said fardbeyan was recorded in the house of the informant in village - Madhopur. The informant (P.W.3) in her fardbeyan stated that in the preceding night at about 6:30-7:00 PM, her husband Mukesh Kumar Singh (deceased) had gone back side of his house near bamboo orchard for correcting the light of generator. As soon as he reached there, the wife of Vivek Singh (younger brother of the husband of informant) namely Priyanka Singh (appellant no. 1) and her another younger devar (brother of husband) Chhotu @ Akhilesh (appellant no. 2) inflicted blow of iron daw on the head of her husband with a view to kill him. The head of the husband was badly injured and blood started oozing out. Her husband was sent for treatment to S.K.M.C.H., Muzaffarpur, where during treatment in the night itself he died. The reason for the occurrence was explained by the informant that Priyanka (appellant no. 1) was having illicit relation with Chhotu @ Akhilesh (appellant no. 2), which was being opposed by her husband and with a view to take revenge, both the accused persons by giving blow through iron daw had killed her husband and while fleeing away, they concealed the daw in the house. The informant claimed that Priyanka Devi (appellant no. 1) and Chhotu @ Akhilesh Singh (appellant no. 2) with common intention had killed her husband. The said fardbeyan was read over to her and after finding it correct, the informant put her signature on the fardbeyan. As a witness, one Mohan Singh (not examined) had also put his signature on the fardbeyan.

(3.) On the basis of fardbeyan, on the same date i.e. 12-12-2010, a formal F.I.R., vide Piprahi P.S. Case No. 117 of 2010, was registered for offence under Sections 302, 34 of the I.P.C. against both the appellants. During investigation, accusation was found true and as such, on 31-12-2010 chargesheet was submitted against both the accused/appellants and thereafter, on 04-01-2011 learned Sub-Divisional Judicial Magistrate, Sheohar took cognizance of the offence. After completion of formalities under Section 207 of the Cr.P.C., the case was committed to the court of sessions on 19-01-2011 and thereafter, it was numbered as Sessions Trial No. 36 of 2011. In the case, on 14-02-2011 joint charge was framed against both the appellants under Sections 302/34 of the I.P.C.