RAJ KISHORE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 29.09.2016 and order of sentence dated 30.09.2016, appellant Raj Kishore Yadav has been found guilty for an offence punishable under Section 307/34 of the I.P.C. and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.10,000/- and in default thereof, to undergo S.I. for one year, additionally, under Section 498A of the I.P.C. and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for three months, under Section 27 of the Arms Act and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo S.I. for six months, additionally, with a further direction to run the sentences concurrently, by the 2nd Additional Sessions Judge, Hilsa, Nalanda in Sessions Trial No.409 of 2014 arising out of Islampur P. S. Case No.166 of 2013.

(2.) Kamla Devi (PW-4) gave her fard-bayan on 09.09.2013 at about 3.30 A.M. while she was admitted at Primary Health Centre, Islampur in an injured condition, disclosing therein that her husband Raj Kishore Yadav, father- in-law Chandrika Yadav and Dhananjay Kumar, for the last one week were engaged in torturing her and during course thereof, used to assault. Then thereafter, they ousted. Her husband is engaged in torturing her and used to say that you happen to be black, ugly responsible for begotting only daughter, so after killing you, he will re-marry, otherwise leave the place. In the aforesaid background, he had attempted upon her life at an earlier occasion, but escaped. Today i.e. 09.09.2013 at about 1.00 A.M. while she was asleep along with her daughter Seema Kumari aged about four years, her husband Raj Kishore Yadav, father-in-law Chanrika Yadav came, abused and during course thereof, ordered to kill. Her husband, who was armed with a countrymade pistol, fired causing injury over her left hand. She fell down. They both fled away. Anyhow, she rushed there from in order to save her life and during midst thereof, met with the police patrolling party, who got her admitted at the hospital.

(3.) On the basis of the aforesaid fard-bayan, Islampur P. S. Case No.166 of 2013 has been registered and during course thereof, two accused namely Chanrika Yadav and Dhananjay Kumar were apprehended, whereupon chargesheet was submitted against them keeping investigation pending against the appellant. It is not known with regard to result of the trial relating to aforesaid two accused persons. Subsequently, appellant has been arrested, thereafter charge sheet has been submitted, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.