KALIKA TIWARI UMA SHANKAR RAI VIJAY BAHADUR RAI Vs. STATE OF BIHAR
LAWS(SC)-1997-3-124
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on March 25,1997

UMA SHANKAR,KALIKA TIWARI,VIJAY BAHADUR RAI Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

- (1.) For Sanfula Devi - a mother of two sons and three daughters - the nightfall on 22nd December, 1987 was dreadfully catastrophic as dacoits exterminated her entire male progeny besides plundering all her valuable jewellery. Those whom she named as the murders included her two brothers and nephews. Police after investigation charge-sheeted 14 persons including those kins of Sanfula Devi for the murder of the sibblings - Gauri Shankar Rai and keshav Rai - and another person (Hari Narain) who happened to be present in her house then. Sessions Court convicted 12 of the accused under Sections 396 and 120-B of the Indian Penal Code and sentenced them to imprisonment for life. (Some of them were convicted under Section 27 of the Arms (Act also.) High Court of Patna while confirming the aforesaid conviction and sentence added Section 302 with the aid of Section 34 of the Indian Penal Code also while disposing of the appeals filed before it.
(2.) Sanfula Devi was married to Jag Narain who was a congenital imbecile. Five children were born to her in the wedlock - two sons (Gauri Shanker and Keshav Rai) and three daughters. The eldest son got married and the second son had only reached marriageable age during the time of occurrence. While the sons were in their infancy Sanfula Devi's properties were looked after by her brother A-4 Inderdeo Rai. But when the sons reached age of maturity they were miffed with their uncle over the manner he dealt with their properties. Eventually the relationship became strained and led to rancour. A few days prior to the occurrence Inderdeo Rai's son Rama Shankar Rai (A-1) had an altercation with Gauri Shankar Rai.
(3.) Prosecution case, in short, is the following : On the occurrence day, Hari Narain visited Sanfula Devi's house for mooting a marriage proposal for her second son Keshav Rai. Inderdeo Rai went there presumably for reconnaissance and left. After evening meals when the inmates of the house retired for a rest the dacoits reached there armed with guns and other lethal weapons. Rama Shankara Rai (A -1) asked Sanfula Devi to surrender key of the safe and after wangling the key the dacoits looted the cash and jewellery. They then closed the door of the room from outside where the females were sitting and went on a pillage during which they gunned down Gauri Shankar Rai and Keshsav Rai and also their guest Hari Narain. Thereafter, they all left with the booty.;


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