JHANAK YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Both the appeal arises out of common judgment of conviction dated 19.09.1994 and order of sentence dated 21.09.1994 passed by learned 1st Additional Sessions Judge, Bhagalpur in Sessions Trial No. 238 of 1990, arising out of Sabour P.S. Case No. 196 of 1989, whereby both the appellants have been convicted. The appellant Jhanak Yadav of Criminal Appeal (DB) No. 483 of 1994 has been convicted and sentenced to undergo R.I. for life under Section 109 read with Section 302 of the Indian Penal Code and the appellant Manju Devi of Criminal Appeal (DB) No. 561 of 1994 has been convicted and sentenced to undergo R.I. for life under Section 302 of the Indian Penal Code.

(2.) Vide order dated 06.01.2018 Mr. Amish Kumar, learned advocate, was appointed as Amicus Curiae, as no one was appearing on behalf of the appellants.

(3.) The prosecution case in brief is that one Naresh Yadav gave his frdbeyan at his house on 111.1989 at 10.30 A.M. before the S.I. L.P. Singh of Sabour police station that his daughter-in-law narrated him that some one has killed her husband. On this information, he went inside the room and found that head of his son was beheaded from his body. On halla, several persons came who noticed that there was blood stain on the Sari of his daughter-in-law and blood stain Garasa was lying under the cot. The daughter-in-law had illicit relation with Jhanak Yadav, which was not tolerable to his son.