Ananda Sen, J. - (1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 18.03.2005, passed by Shri Ramdhari Yadav, the learned 4th Additional Sessions Judge, Godda (Fast Track Court no. 1) in connection with Session Case No. 151 of 1998/36 of 2002, whereby and whereunder, the appellants having been found guilty of charges under Sections 302/34 of Indian Penal Code, have been sentenced to undergo imprisonment for life.
(2.) The case of the prosecution, in brief, is that, the deceased Jailo Devi aged about 18 years was married with Babulal Yadav. Babulal Yadav lived alone with his wife Jailo Devi. The informant has stated that his Bahnoi (brother-in-law) Babulal Yadav had gone to his sister's house on the day of the alleged occurrence so the informant went to his sister's house (Babulal's house) to take care of her. When the informant was sitting in her sister's house, at about 4:00 a.m early in the morning, Manoj Yadav, Bandhu Yadav, Jai Kishore Yadav son of Narsingh Yadav, Jai Kishore Yadav son of Shailigram Yadav, Janki Yadav, Bishnu Yadav, Shaligram Yadav, Narsingh Yadav came there and after seeing them the informant fled away due to fear. All accused persons entered into the house of his brother-in-law and they were armed with spear and lathi. The informant has further stated that all the accused persons started to assault his sister Jailo Devi and ultimately killed her. He shouted, but no villagers came there at that moment. When the accused fled away then Naresh Yadav and Upendra Yadav came there. He stated that the occurrence took place due to land dispute. On the basis of the aforesaid Fardbeyan of the informant, Godda (M) P.S. Case No. 245 of 97, corresponding to G.R. No. 700/97, was registered for the offence under Section 302/34 of Indian Penal Code, against the accused persons. Subsequently, the matter was taken up for investigation and the police examined the witnesses and sent the dead body for Post Mortem Examination. After completion of investigation, charge sheet was submitted against the accused persons and, accordingly, cognizance of the offence was taken and the case was committed to Court of Sessions for trial.
(3.) In order to prove the charges against the accused, the prosecution has examined altogether seven witnesses including the Doctor (PW-6). The Trial Court after going through the materials on record and also considering the evidence of the prosecution witnesses has found the charges levelled against the accused persons to be proved and, thereafter, sentenced them as aforesaid.;