BHAGWAN SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by the sole appellant Bhagwan Sahni who has been convicted under Section 396/34 of the Indian Penal Code by judgment dated 26.12.2005 passed in Sessions Trial No. 78 of 2002/160 of 2004 arising out of Chak Mehsi P.S. Case No. 17 of 2001 and has been sentenced by order dated 28.12.2005 to undergo rigorous imprisonment for life.

(2.) In short, the prosecution case relates to an occurrence dated 7th March, 2001 at about 7.00 P.M. On that date, Bipin Kumar Singh (P.W.7) gave his fardbeyan before the Officer-in-charge of Chak Mehsi Police station, district Samastipur that he was having a brick kiln since last five years. The criminals were making extortion calls. One of the criminals Maheshwar Rai, resident of village Shivnagar Tepari, P.S. Piar, District Muzaffarpur had demanded the ransom amount and when amount was not paid, then occurrence occurred on 7.3.2001 at 7.00 P.M. when 15-20 persons variously armed with fire arms came and attacked upon the house of the informant (P.W.7) and due to indiscriminate firing by the criminals informant's younger brother Binay Kumar Singh (P.W.6) sustained injuries. He tried to save himself by hiding inside the room but the door was opened by the criminals and they attempted to fire upon him. Manjesh Rai son of Maheshwar Rai was identified amongst the criminals by the informant. Informant's father identified another criminal who was Maheshwar Rai and he asked as to why he was doing like that. This invited the firing by Maheshwar Rai upon the informant's father who received fire arm injury and succumbed. The criminals looted Rs. 68,000/- in cash and gold ornaments. At the time of occurrence, three persons were concealing their identities by covering their faces whereas others were unmasked. The motive of the occurrence is non-payment of illegal extortion demands. The information of the informant resulted in a case under Section 396 of the Indian Penal Code against two named accused Maheshwar Rai, his son Manjesh Rai and 18 unknown. The matter was investigated into. During investigation, the appellant was caught by the informant and villagers. He was handed over to the police where he confessed that he was one of the participants of the occurrence which has led to the killing of informant's father. After investigation chargesheet was submitted only against the accused-appellant keeping the investigation against the rest accused pending. Cognizance against the accused-appellant was taken and the case was committed to the court of Sessions where charge under Section 396 of the Indian Penal Code was framed against him who pleaded innocence and preferred to be tried.

(3.) The defence of the appellant was of false implication and also that he has been implicated because he had tried to raise the voice of labourers who were working under the informant.