BALESHWAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Four appellants were charged by Additional Sessions Judge 3rd court, Chapra, under Sections 302/34 and 324/34 of the Penal Code. The trial proceeded and the judgment was rendered by the 7th Additional Sessions Judge, Chapra in Sessions trial No. 109 of 1997 on 21.2.2003. Appellant Baleshwar Sah was found guilty of committing the offence under Section 302 of the Penal Code and was directed to suffer rigorous imprisonment for life as also to pay a fine of Rs. 200/- only, none-payment of the same was to result in simple imprisonment for seven days against the said appellant Baleshwar Sah. The remaining three appellants, namely, Raghubar Sah, Bhikhari Sah and Kanchan Sah were acquitted of all the charges but were found guilty of committing offence under Section 323 of the Penal Code and each of them was directed by the learned trial Judge to suffer rigorous imprisonment for one year. The judgment of conviction and sentence has been challenged by the appellants through the present appeal.

(2.) The fardbeyan of P.W. 3, the informant, was the basis for prosecution of the appellants. It was stated in it that there was some dispute in respect of measurement of a particular land between the informant and appellant Baleshwar and that measurement had taken place on 27.9.1996. The informant alleged that he along with his family members were sitting at the verandah of his house and was discussing the outcome of the measurement which was favourable to him as the land belonging to the informant was found extending beyond the ridge and in to the land which was in possession of appellant Baleshwar Sah. At that time the informant was at the verandah of his house with his son P.W. 2 Rajesh Sah and his mother (the deceased).

(3.) While the discussion was going on, the four accused persons armed with weapons as indicated in the fardbeyan came there and surrounded the informant. It was alleged that appellant Bhikhari Sah was armed with bhala whereas appellants Kanchan Sah and Raghubar Sah were armed with lathi and they started assaulting the informant with their respective weapons. Informant's, son P.W.2 Rajesh Sah and his mother Kalhi Devi protested by saying as to why the appellants were assaulting the informant upon which appellant Bhikhari Sah gave a bhala blow into the leg of Rajesh Sah. P.W. 2. Baleshwar Sah brought a Dav and cut the throat of the mother of the informant who tumbled down the chauki on the ground and bled profusely. The mother of the informant died there.