SUKHDEO SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants, Sukhdeo Sah and Shambhu Rai, were put on trial for charges under Sections 328/34 and 302/34 of the Indian Penal Code by 1st Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 210 of 1994. By judgment dated 12th August, 2003, the learned Judge found the two appellants guilty of committing both the offences in furtherance of their common intention and while hearing on sentence on the 13th of August, 2003, directed both the appellants to undergo rigorous imprisonment for life as also to pay a fine of Rs.1,000/- each for committing offence under Section 302 read with Section 34 of the Indian Penal Code. As regards conviction of the appellants under Sections 328/34 of the Indian Penal Coae each of them were directed to suffer rigorous imprisonment for eight years as also to pay a fine of Rs.500/- each. The learned Judge did not prescribe any alternative sentence in case the appellants had not paid the fine imposed upon each of them. The two appellants bring in question the finding of the guilt recorded by the learned trial Judge and also appropriateness of the sentence passed upon each of them through the present appeal.

(2.) The prosecution story comes through PW 9, who happens to be father of the deceased, Shiv Chandra Rai which is contained in the fardbeyan of PW 9. It was stated by the informant in that document which has not been brought on record of the case even by tendering it in evidence, that his son, the deceased Shiv Chandra Rai, aged about 25 years had gone to Sarsanda Chowk in the previous evening at about 6 p.m. He came back to his house at about 10 p.m. when PW 9, his wife (PW 7) and his daughter-in-law (PW 8) were all sitting together and was discussing some domestic matters. As soon as the deceased came to his house he started vomiting. The informant and others thought that the deceased had taken ill and enquired about his health from the deceased, upon which it was stated by the deceased that he was not ill rather the two appellants had administered some liquid substance out of a bottle in the hotel of Sukhdeo Sah and soon thereafter he felt ill and started vomiting. PW 9 further stated that the deceased divulged to him that bottle containing liquid had been fetched by appellant Shambhu Rai after purchasing it.

(3.) After learning the above facts from his son the informant got suspicious that the two had acted in tandem and possibly they had administered poison to his son. The informant was, thereafter, deeply absorbed in attending to his ailing son and started a. search for a vehicle so that he could be shifted to Sadar Hospital, Muzaffarpur for specialized treatment. It was stated by the informant that on account of the night being quite dead, there was some delay in finding out a vehicle. As soon as he got it, he with the help of his villagers started with his son for Sadar Hospital, Muzaffarpur but unfortunately his son died on way to the hospital.