KUMHIYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants in both the Appeals were tried together and were convicted and sentenced by the common judgment passed by learned Additional Adhoc District & Sessions Judge- 1st , Madhepura, and as such, both the Appeals were taken up together and are being disposed of by this common judgment.

(2.) The sole appellant in Cr. Appeal (D.B.) No. 789 of 2013 by judgment dated- 11.07.2013 has been convicted for the offence under Section 304(B) , 304 Part II and Section 201 of the Indian Penal Code, 1860 [hereinafter referred to as the "I.P.C."] and by order dated 12.07.2013 under Section 304(B) of the I.P.C. she has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/-. In case of default in payment of fine she has been directed to further undergo simple imprisonment for three years. Under Section 304 Part II of the I.P.C. she has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 3000/-. In case of default in payment of fine she has been further directed to undergo simple imprisonment for two years and under Section 201 of the I.P.C. she has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/-. In case of default in payment of fine she has been directed to undergo simple imprisonment for one year.

(3.) Both appellants in Cr. Appeal (D.B.) No. 773 of 2013 by the same judgment dated: 11.07.2013 have been convicted for offence under Section 201 of the I.P.C. and by order dated 12.07.2013 both have been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- each. In case of default in payment of fine, both have been directed to further undergo simple imprisonment for six months. The judgment of conviction and sentence was passed by Sri Prabhu Dayal Gupta, learned Additional Adhoc District & Sessions Judge -1st , Madhepura [hereinafter referred to as the 'trial judge'] in S. Tr. No. 54 of 2011 (arising out of Srinagar P.S. Case No. 59 of 2010). After conviction and sentence appellants have preferred the aforesaid Appeals under Section 374 (ii) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.).