Gyanwati Devi @ Gyanti Devi vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 961

ASHUTOSH KUMAR, NANI TAGIA
Gyanwati Devi @ Gyanti Devi – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Appellants : M/s Arun Kumar Gupta (in 878); Narendra Kumar, Shankar Kumar, Shashi Shekhar, Sada Nand Roy (in 508).
For the Respondent: Mr. Ajay Mishra, APP (in both).

Ashutosh Kumar, J. – Both the appeals have been heard together and are being disposed off by this common judgment.

2. Both the appellants have been convicted and sentenced vide judgment and order dated 30.11.2017/05.12.2017, holding them guilty under Sections 302/34 and 201/34 of the Indian Penal Code, passed by the learned Sessions Judge, Buxar, in Sessions Trial No. 268 of 2016, arising out of Rajpur P.S. Case No. 129 of 2016 and have been sentenced to undergo rigorous imprisonment for life, to pay a fine of Rs. 10,000/- under Section 302/34 of the IPC and to undergo rigorous imprisonment for six years, to pay a fine of Rs.2,000/- under Section 201/34 of the IPC and in default of payment of total fine, to further suffer rigorous imprisonment for one year.

3. The allegation against the appellants is of having killed one Manoj, who is the husband of appellant/Gyanwati Devi. Appellants Gyanwati Devi and Amar Chouhan had illicit relationship between them and this was the reason for the murder.

4. The FIR, however, was lodged by appellant/Gyanwati vide Rajpur P.S. Case No. 129 of 2016 in which she had alleged that her husband had left home with the assurance that he would come back by lu