KHOSHI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment in Sessions Trial No. 78 of 1980 whereby all the appellants have been held guilty for the murder of Shard a Devi and accordingly convicted and sentenced to undergo rigorous imprisonment for life under Sections 302/149 and also under Section 201 of the Indian Penal Code. But, the sentences are to run concurrently.

(2.) Broadly stated the case of the prosecution was that deceased Sharda Devi was married to appellant Ramji Yada v. As there was allegation of torture and ill - treatment against appellant Ramji Yadav, the informant made several efforts to take his sister to his house but could not succeed. It is alleged that on 30-8-1975 at about 5 p.m., while the informant was at his house. PW 3, Baleshwar Yadav informed Wm that all the accused-persons committed murder of his sister Sharda Devi last night by means of pistol and thereafter her body was cut into pieces by sword and ultimately cremated. The informant along with co -villagers immediately rushed to the house of the appellants, but on inquiry they became angry and threatened to assault him. The informant got the matter enquired from the villagers and ultimately on 2-9-1975 lodged the First Information Report. In the meantime, one of the villagers Bodh Narayan Prasad found the dead body of a young woman lying in his maize field. He soon thereafter, submitted a written report before the officer-in- charge, which was recorded as sanha No. 88, dated 4-9-1975. On getting information about recovery of the dead body, one of the brothers of the deceased Bhola Yadav (PW 9) reached the spot and identified as his sister. The Police took up investigation and having found the case true, submitted charge - sheet under Sections 302, IPC and 27 of the Arms Act, against appellant Ramji Yadav and against the remaining accused persons under Sections 302/149 and Section 201, IPC. The case was thereafter, after due observance of necessary formalities and taking cognizance, etc., committed to the Court of Sessions.

(3.) The defence of the appellants was total denial. According to them, Sharda Devi died of cholera and her body was cremated at Bakhtiyarpur on the bank of river Ganga.