PHOOLWANTI DEVI @ KULWANTI DEVI AND 3 ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All these three appeals have been heard [together with the consent of the parties since they arise out of a common judgment and are being disposed of by this judgment which will govern all the three appeals. In all there are four Appellants, i.e., Appellant Phoolwanti Devi alias Kulwanti Devi in Cr. Appeal No. 334 of 1984, Appellant Jawahar Singh in Cr. Appeal No. 429 of 1984 and Appellants Ramji Singh & Bisu Singh in Cr. Appeal No. 432 of 1984.

(2.) All the Appellants have been convicted under Sec. 302, read with Sec. 34, of the Indian Penal Code (hereinafter referred to as the Penal Code) and each of them have been sentenced to undergo rigorous imprisonment for life by judgment and order dated 17th May, 1984, passed by Shri Lala Radha Kumar Sinha, 2nd Additional Sessions Judge, Saran at Chapra, in Sessions Trial No. 115 of 1982.

(3.) The prosecution case, briefly stated, was that the deceased Geni Singh and one Hari Bhajan Singh were distant Gotias and were residents of village Dharamchak, P. S. Dharampur in the district of Saran. Appellant Phoolwanti Devi is said to be the daughter of the aforesaid Hari Bhajan Singh, where as Appellant Jawahar Singh is the Bhagina, i e., sister's son of Hari Bhajan Singh. Appellant Ramji Singh is said to be the son -in -law of the said Hari Bhajan Singh and Appellant Bisu Singh is said to be the brother of Appellant Ramji Singh (son -in -law of Hari Bhajan Singh). Appellant Jawahar Singh is resident of village Bhatha Naya Tola, P.S. Maker, dist. Saran, Appellants Ramji Singh and Bisu Singh, who are brothers, are residents of village Bhatta, P.S. Maker dist. Saran and Appellant Phoolwanti Devi was married with one Rameshwar Singh of the same village, i.e., village Bhatta, P.S. Maker, dist. Saran. According to the prosecution on 24.10.1981 at 7.30 to 8 A.M. Appellants Bisu Singh, Jawahar Singh and Ramji Singh had came at the Darwaja of the deceased Geni Singh and were sitting on the chauki At that very time Geni Singh came out of his house with a spade for cleaning his Darwaja. All the aforesaid Appellants asked Geni Singh to listen as a result of which Geni Singh stopped there and at that time Geni Singh, was caught by these three Appellants by his arms and the Appellants told him that there was some dispute regarding land. The deceased Geni Singh replied that the dispute should be settled. While altercation was going on between the deceased Geni Singh and the aforesaid three Appellants, P.W. 3 Kalpato Devi, wife of the deceased Geni Singh, who is the informant of this case, came out of her house along with her Gotani, namely, the wife of the younger brother of the deceased, i.e., P.W. 2 Amala Devi and her daughter P.W. 1 Sheokumari. As soon as they, namely, P.Ws. 1, 2 and 3 came out they saw that all the three Appellants were assaulting the deceased by means of knives indiscriminately. In the meantime Appellant Phoolwanti Devi alias Kulwanti Devi also came there. She also gave two Khurpi blows on the arm of the deceased and one khurpi blow on his head. When P.W. 3 kalpato Devi, wife of the deceased Geni Singh, wanted to save her husband the accused persons, namely, all the four Appellants pushed her away. After assault Geni Singh fell down but the accused persons went on assaulting the deceased by means of knives. Neighbours did not come to rescue Geni Singh, though some of them were seeing the occurrence. After committing the assault, the accused persons went inside the house of Hari Bhajan Singh and Appellant Bisu Singh changed his Pant and bushirt and thereafter all the three male Appellants retreated on cycles. Geni Singh died at the spot.