SANICHAR SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order passed by the High Court of Patna in Criminal Appeal No. 328 of 2003 affirming the judgment and order of the trial court dated 30th May, 2003 and order of sentence dated 2nd June, 2003 passed in Sessions Trial No. 122 of 2002.

(2.) The facts and circumstances giving rise to this appeal are that a First Information Report was lodged on 12.10.2001 against Munilal Sahni, Biswanath Sahni, brother and father of the appellant respectively. Golu Paswan and Kishore Thakur under Sections 394/302/34 of the Indian Penal Code, 1860 (in short "IPC") and Section 27 of the Arms Act for the murder of deceased Bhola Chaudhary. During the course of investigation, it came to light that the appellant had conspired with his father and brother to finish Bhola Chaudhary. Charge sheet was filed against Munilal Sahni, Biswanath Sahni and the appellant. At the time of framing of the charge on 21.11.2002, the appellant was charged only under Section 120B IPC alone and the co-accused Munilal Sahni was charged under Sections 302/34, 394 and 412 of the IPC and Section 27 of the IPC. Accused Bishwanath Sahni was charged under Section 302/34 IPC. None of the co-accused was charged for conspiracy under Section 120B IPC. The appellant was not charged with any other offence except under Section 120B IPC though the specific case of the prosecution was that the appellant hatched the criminal conspiracy with his father and brother to eliminate Bhola Chaudhary. On conclusion of the trial, the appellant was convicted vide judgment and order dated 30.5.2003 under Section 120B IPC and was sentenced to undergo rigorous imprisonment for life. Accused Bishwanath Sahni was convicted under Section 302/34 IPC and sentenced to R.I. for life. Accused Munilal Sahni was convicted under Sections 302, 394 and 412 of the IPC and sentenced to undergo R.I. for life under Section 302, R.I. for seven years under Section 394 and R.I. for three years under Section 412 IPC. He was further convicted under Section 27 of the Arms Act and sentenced to undergo R.I. for one year.

(3.) Being aggrieved, all the convicted persons including the present appellant filed appeal which has been decided by the impugned judgment and order dated 13.12.2007 by which the High Court acquitted Bishwanath Sahni, giving benefit of doubt. Appeal of the present appellant and Munilal Sahni was dismissed.