LALITA DEVI, WIFE OF NIRANJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellants has not turned up in spite of repeated call on account thereof, Mr. Shashi Chandra Pandey, learned advocate has been requested to assist the Court as an Amicus Curiae.

(2.) Appellants Lalita Devi and Niranjan Kumar @ Niranjan Mahto @ Niju Bhagat @ Niru Bhagat have been found guilty for an offence punishable under Section 307 of the I.P.C. and each one has been sentenced to undergo R.I. for four years, under Section 323 of the I.P.C. and each one has been sentenced to undergo R.I. for six months with a further direction to run the sentences concurrently, vide judgment of conviction dated 28.07.2015 and order of sentence dated 30.07.2015 passed by the Additional Sessions Judge-3rd, Barh, Patna in Sessions Trial No.1167 of 2011.

(3.) Pw-5, Ravindra Kumar while was admitted at Subdivisional Hospital, Barh on 12.05.2010 at about 2.15 p.m. gave his fard-bayan alleging inter alia that his uncle Niranjan Kumar @ Niranjan Mahto @ Niju Bhagat @ Niru Bhagat and his wife Lalita Devi, cousin brother (Mausera) of Niranjan Kumar @ Niranjan Mahto @ Niju Bhagat @ Niru Bhagat namely Ghantu were quarreling on account of domestic affair. He was standing there. During course thereof, all of them began to assault Manohar, son of Ghantu, who escaped there from. Then wife of Niju Bhagat namely Lalita Devi spoken that he happens to be responsible for the quarrel, whereupon she began to abuse him as well as his mother, which was resisted by him as a result of which, Niranjan Kumar @ Niranjan Mahto @ Niju Bhagat @ Niru Bhagat gave a blow of brick particle over his head on account of which, he sustained injury. Blood oozen out. He fell down, whereupon wife of Niju Bhagat namely Lalita Devi gave brick blow over different parts of body as a result of which, he became injured. On hue and cry, the neighbours came, rescued him. Then thereafter, his family members lifted him to hospital where he is being treated.