FAGU MUSHAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) With consent of the parties, these two appeals have been taken up for final hearing.

(2.) In these two appeals, the appellants have challenged the judgment of conviction and order of sentence dtd. 7/6/2016 and 9/6/2016 respectively passed by the learned 3rd Additional Sessions Judge, Bagaha (West Champaran) in Sessions Trial No.162 of 1996 arising out of Valmikinagar P.S. Case No.15 of 1992 whereby and whereunder they have been convicted and sentenced to undergo rigorous imprisonment for life and a fine of Rs.10000.00 each for the offence punishable under Sec. 302 of the Indian Penal Code (for short ..IPC..) and in case of non-payment of fine to further undergo rigorous imprisonment for a term of one year each, rigorous imprisonment for ten years and a fine of Rs.5000.00 each for the offence punishable under Sec. 364 of the IPC and in case of non-payment of fine to further undergo simple imprisonment for six months each and rigorous imprisonment for 7 years and a fine of Rs.3000.00 each for the offence punishable under Sec. 201 of the IPC and in case of non- payment of fine to undergo a further period of imprisonment for three months each. However, no separate sentence has been passed for the offence under Sec. 120-B of the IPC.

(3.) The prosecution case is based on the oral statement of one Bhutahi Devi, recorded by Mr. B. K. Pandey, a Sub- Inspector of Police of Valmikinagar Police Station on 8/6/1992 at 7 a.m. in which she alleged that on 7/6/1992, in the night, while she was sleeping in the inner room of her house and her husband, a chowkidar, was sleeping in the outer room of the house, at about 3 a.m., some persons came and asked her husband Bhimal Mushahar to open the door. She also woke up. Her husband opened the door. She went to the room of her husband where she found one man armed with gun and another armed with lathi. They asked her husband to come out of the room. Her husband came out of the room and she also followed him. Outside the room, three persons were found standing. Out of them, two were holding lathi. When the informant requested them to allow her husband to return to his house, the miscreants threatened to kill her. They took her husband towards east. While they were taking him towards east, she heard one of the miscreants saying that this time he would not be spared. He would be killed and his body would be thrown. She stated that one of the miscreants was concealing his face by gamachcha. She described the physique of other miscreants and stated that they were speaking in Bhojpuri and if an opportunity is given to her, she would identify them as she had seen their face in moon light.