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M.M.PUNCHHI, K.T.THOMAS
Kalika Tiwarietc. – Appellant
Versus
State of Bihar – Respondent


Counsel for the Parties:
For the Appellants:K.B. Sinha, Sr. Advocate, Shiva Pujan Singh, Advocate (A.C.), Ashok Sharma, H.S. Kaicker, Deepak Sharma, Advocates. For the Respondent:B.B. Singh, (C. Jai Raj), Advocate for AC. Mahimkar, Vijay Kumar, J.P. Pathak, Kumar Pari mal, Advocates.

JUDGMENT

Thomas, J. -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 120-8 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 named to Jag Narain who was a congenital imbecile. Five children were born to her in the wedlock two sons (Gauri Shankar and Keshav Rai) and. three daughters. The eldest son got married and the second son hag only rea

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