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2015 Supreme(Pat) 407

I.A.ANSARI, GOPAL PRASAD
Garbhu Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Avinash Kumar (Amicus Curiae), Mr. Sanjiv Ranjan Singh, Advocate
For the State : Mr. Dilip Kumar Sinha, APP

JUDGMENT :

I. A. Ansari, J.

Under the judgment, dated 09.09.1993, passed, in Sessions Trial No. 45 of 1990/18 of 1992, by learned 3rd Additional Sessions Judge, Nawadah, while the appellant, Garbhu Yadav, stands convicted under Section 302 of the Indian Penal Code, Bilti Devi stands convicted under Section 302 read with Section 109 of the Indian Penal Code. Following their conviction, the accused-appellants have been sentenced to suffer imprisonment for life.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) On 23.09.1989, at about 09.00 AM, an altercation took place between Samudri Devi (since deceased) and Bilti Devi wife of accused Garbhu Yadav. Following the verbal altercation between the two female persons, Bilti Devi exhorted her husband, accused Garbhu Yadav to kill Samudri Devi and, with this utterance, Bilti Devi brought a farsa, a sharp-edged weapon, and handed over the same to her husband, accused Garbhu Yadav, who, in turn, gave a blow with the said weapon on the neck of Samudri Devi. The blow proved fatal, Samudri Devi fell down and died on spot. On hearing altercation between the said two female persons, their co-villagers








































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