HIGH COURT OF PATNA
DEVPATI DEVI AND ORS – Appellant
Versus
STATE OF BIHAR – Respondent
CR. APP (DB) 494/1996
['Sumant Singh', '', 'Aaruni Singh', 'RAKESH KR SINGH', 'Km Shashi Bala Verma']
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
======================================================
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
======================================================
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
2/16
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, 3rd
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