LAKSHMIPATI SAHAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been filed against common judgment and as such they have been heard together and are being disposed of by this judgment.

(2.) The appellants have preferred these appeals against the judgment and order dated 16-7-1992 passed by 5th Addl. Sessions Judge, Patna in S.T. No. 278/23 of 1985/88 whereby appellants have been convicted for the offence under Section 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment for life.

(3.) The prosecution case is that one Dhanu Choudhury gave his fardbeyan at the police station on 28-6-1982 at about 2.45 a.m. that his son Mahesh Lal Choudhary had gone to attend the marriage ceremony in the house of Risi Babu and he was in his house. At about 2.15 a.m. he heard cry of his son. He came out of his house and saw that his son was lying on the ground and Laxmi Pati Sahay and his son Dipu were catching hold of him. The eldest son of Laxmi Pati Sahay, namely, Rajesh Sahay was assaulting his son with dagger. Laxmi Pati Sahay was saying to kill him. He also raised claim on which Surendra Kumar Gupta, Chaitu Yadav and others came and saw the occurrence. After assault the accused persons ran away. He saw that blood was oozing out from the injury near the Hydrocele. The motive of the occurrence was that there was a proceeding under Section 144 of the Code of Criminal Procedure with the accused persons and due to the aforesaid reason the accused persons had assaulted his son.