JUDGMENT :

Shree Chandrashekhar, J.

In Sessions Trial No. 240 of 2009, Balmiki Yadav @ Sadhu Yadav and Ranju Devi have been convicted and sentenced to life imprisonment with a fine of Rs. 10,000/- each under section 302 of the Indian Penal Code, for committing murder of Leela Devi.

2. Kenduadih P.S. Case No. 103 of 2008 was registered on the basis of the fardbeyan of the informant, namely, Tuklal Yadav which was recorded at about 08:30 AM on 28.12.2008. In his statement the informant has alleged that Balmiki Yadav, Ranju Devi and another person (name not disclosed) have committed murder of his daughter. After the investigation, a charge-sheet was submitted against Balmiki Yadav and Ranju Devi and they have faced the trial on the charge of committing murder of Leela Devi.

3. During the trial, the prosecution has examined nine witnesses; the informant was examined as PW-2. PW-3, Ram Jatan Kumar and PW-6, Rajan Prasad Yadav are brothers of Leela Devi; PW-1, Komal Kumari and PW-9, Priti @ Urmila Kumari, are her daughters; and PW-5, Shankar Yadav is a neighbour of the deceased.

4. The case of the prosecution is that Ranju Devi was concubine of Balmiki Yadav and Balmiki Yadav had left his family and living with Ranju Devi in a different house. In the night of 27.12.2008 both visited Kusnaur, Joda Chimni where Leela Devi was living with her children. There a quarrel started between Balmiki Yadav and his wife which ensued assault upon Leela Devi by both of them and finally they dragged Leela Devi on the road and Balmiki Yadav crushed her with a vehicle.

5. The informant has come to the Court to depose that in the intervening night of 27/28.12.2008 he received a telephonic message from elder brother of Balmiki Yadav that his daughter has been murdered. He along with his son had gone there at about 02:00 AM in the night and found dead-body of his daughter on the road and his grand daughter narrated the whole incident to him. PW-3 and PW-6 have also stated that Shankar Yadav had informed them that their sister has been killed. They have also spoken about the dead-body lying on the road; head of Leela Devi crushed and; the children of Leela Devi narrating the entire episode to them. PW-5, elder brother of Balmiki Yadav, was at home in the night of 27.12.2008. In the midnight at about 01:00 AM, PW-9 accompanied by the wife of Bhubneshwar Yadav came to his house and told him that her father and Ranju Devi have killed her mother. He had gone to the house of Leela Devi and seen her crushed dead-body. He is a witness to the inquest report. The main Investigating Officer of this case was examined as PW-7; PW-8 has submitted the charge-sheet. PW-7 has deposed in the Court that he has recorded the fardbeyan of PW-2, prepared an inquest report and sent the dead-body for post-mortem examination. There are two places of occurrence; one was inside the house of Leela Devi and another was the main road connecting Kenduadih with Jharia where her dead-body was found lying. He has found a dragging mark from the house of Leela Devi which is in front of the road.

6. PW-1 and PW-9, daughters of Leela Devi, are the star witness for prosecution. They are the eye-witness to the actual occurrence. They were sleeping in the house with their mother and brother in the night of 27.12.2008. There is some discrepancy in the testimony of PW-1 and PW-9 in so far as entry of the appellants in the house is concerned; PW-1 has stated that her father knocked the door and asked her mother that he would stay there in the night, however, PW-9 has deposed in the Court that her father jumped the boundary wall and came inside the house, but then, this was just a minor omission in their testimony and it would not affect the prosecution story that both the appellants had visited Leela Devi in the intervening night of 27/28.12.2008. PW-1 and PW-9 have narrated the incident in the night of 27.12.2008 in detail. They have deposed in the Court that their father insisted that he would stay the