SULOCHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal was filed by Sulochan against his conviction under Section 302 IPC and consequent sentence for imprisonment for life.

(2.) BRIEF facts of the case are that Ram Nihore alias Saadhu and Baijnath, acquitted accused, were cousins. The appellant is son of abovesaid Baijnath. Ram Nihore was not a married person. According to the prosecution story some litigation was contested between Ram Nihore and the father of this appellant Baijnath before the Consolidation Court. Baijnath lost the case and Ram Nihore won it. Ram Nihore mortgaged his land in favour of Hari Lal for a sum of Rs. 700. He was trying to sell it. The accused persons did not like the act of Ram Nihore.

(3.) ON the night between 17/18 -4 -1980 when Ram Nihore was sleeping at the door of his house, he was belaboured with a Gandasa, according to the FIR by Sulochan alone but according to the evidence adduced in the trial Court by Baijnath and the appellant. At that time the informant Chhedi was sleeping allegedly at the door of his house. The distance was only 15 steps between the deceased Ram Nihore and Chhedi Lal. Only a passage intervened between two places. Around midnight Chhedi Lal was awakened by the alarm "maar Dala Maar Dala". Hearing the alarm he ran flashing his torch towards the place of occurrence. He saw that 4 persons were present near the cot of Ram Nihore. Out of whom Baijnath and Sulochan were causing injuries to Ram Nihore with Gandasa. The others were pressing him with the aid of Lathis. On the alarm raised by Chhedi Lal several persons including Ram Bishal, Ram Bahadur and Ganga Prasad arrived at the scene of occurrence. The assailants seeing the witnesses approaching took to their heels towards North. It is also alleged that while retreating from the spot they extended threat to these witnesses as well. When the witnesses examined the deceased they found him dead. After an hour or the occurrence Chedi Lal prepared a report and proceeded for the police station at about 5. 00 a. m. The report was handed over to the head constable on reaching there by Chhedi Lal at about 7. 15 a. m. on 18 -4 -1980. Police Station Manjhanpur was at a distance of about 4 miles from the spot of occurrence. A case was registered and the investigation was entrusted to S. I. Hanuman Prasad Mishra, PW 4. He arrived at the post at about 8. 00 a. m. He prepared the inquest memo and despatched the dead body by 11. 00 a. m. for the mortuary for post -mortem. He continued to remain in the village in connection with the investigation. In the morning on 20 -4 - 1980 he received an information from the informer that Baijnath and Sulochan, accused, are present at Samda Bus Stand to catch a bus. He proceeded on his jeep alongwith two constables and a Sub -Inspector to apprehend the appellant and his father. They were apprehended. After their arrest Sulochan told the Sub - Inspector that the Gandasa which was used in the murder was concealed in a Pokhar under the Bargad plant. He was taken to that Bargad plant from where he had taken out the Gandasa stained with blood and handed it over to the Sub - Inspector PW 4, Hanuman Prasad Mishra. It was sealed and its memo was prepared. The accused persons were brought to the police station and lodged there. After completion of the investigation a charge -sheet was submitted against the appellant and his father Baijnath. Baijnath was acquitted by the trial Court.