IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.494 of 1996

======================================================

1. Devpati Devi, wife of Ramashrey Ram

2. Sitaram Ram, son of Late Dukhan Ram (appeal has got abated against

this appellant vide order dated 26.07.2022)

Both resident of village Kazi Mohammadpur, P.S.- Paroo, P.O.- Kazi

Mohammadpur, District- Muzaffarpur.

3. Ganesh Ram, son of Nagina Ram, resident of village MalikanP.S. Saraiya

Jaintpur, P.O.- Parsauni Pagahia, District- Muzaffarpur.

... ... Appellants

Versus

The State of Bihar

... ... Respondent

======================================================

with

CRIMINAL APPEAL (DB) No. 515 of 1996

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Ramashrey Ram, son of Late Dukhan Ram, resident of village Kazi

Mohammadpur, P.O.- Kazi Mohammadpur, District- Muzaffarpur.

... ... Appellant

Versus

The State of Bihar

... ... Respondent

======================================================

Appearance :

(In CRIMINAL APPEAL (DB) No. 494 of 1996)

For the Appellant/s

:

Mr. Aaruni Singh, Advocate

Mr. Sandip Kumar Gautam, Advocate

For the Respondent/s

:

Mr. Bipin Kumar APP

(In CRIMINAL APPEAL (DB) No. 515 of 1996)

For the Appellant/s

:

Mr. Aaruni Singh, Advocate

Mr. Sandip Kumar Gautam, Advocate

For the Respondent/s

:

Mr. Bipin Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE CHANDRA PRAKASH

SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

Date : 02-09-2022

The aforesaid criminal appeals have been filed in the year

1996 i.e., 26 years ago. They arise out of common judgment of

Patna High Court CR. APP (DB) No.494 of 1996 dt.02-09-2022

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conviction dated 28.09.1996 and order of sentence dated 30.09.1996.

Therefore, after being heard together, they are being disposed of by a

common judgment.

2. When both the appeals were taken up on 28.06.2022,

a report was called for from the Senior Superintendent of Police,

Muzaffarpur in order to find out whether the appellants were alive or

dead. Pursuant to that order, a report was received in which the

concerned authority has reported that one of the appellants namely,

Sitaram Ram (in Cr. Appeal (D.B.) No. 494 of 1996) is dead and,

remaining appellants are alive. Therefore, by order dated 26.07.2022,

the appeal against Sitaram Ram (appellant No. 2 in Cr. Appeal (D.B.)

No. 494 of 1996) got abated and now Cr. Appeal (D.B.) No. 494 of

1996 is confined to appellants namely appellant No. 1 Devpati Devi

and appellant No. 3 Ganesh Ram.

3. By judgment of conviction dated 28.09.1996 and order

of sentence dated 30.09.1996, passed by Sri Paras Nath, 3^rd

Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 351 of

1995 arising out of Paroo P.S. Case No. 42/1995, G.R. Case No.

353/1995, the present appellants namely Devpati Devi, Ganesh Ram

(appellants in Cr. Appeal (D.B.) No. 494 of 1996) and Ramashrey

Ram (appellant in Cr. Appeal (D.B.) No. 515 of 1996) have been

convicted under Sections 302, 452 and 323 of the Indian Penal Code

Patna High Court CR. APP (DB) No.494 of 1996 dt.02-09-2022

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and have been sentenced to undergo imprisonment for life under

Section 302 of the Indian Penal Code, rigorous imprisonment for one

year under Section 452 of the Indian Penal Code and rigorous

imprisonment for six months under Section 323 of the Indian Penal

Code and the sentences which were to be served by the appellants

have been directed to run concurrently.

4. The prosecution case is that the informant Akli Devi

recorded her fardbeyan before the S.I. of Paroo Police Station on

25.04.1995 at 9 A.M. wherein she stated that on the last day of Chaiti

Chhatha, at about 8 a.m., the accused Devpati Devi (wife of accused

Ramashrey