SATAN DUSHADH Vs. STATE OF BIHAR

JUDGEMENT

(1.) DECEASED Chandrama Sah, who was working in a Sugar factory in Haryana, had come to his village merely 4 -5 days, preceding the day of the incident. It is alleged that in the intervening nights of 20/21st January, 1993, while Kishori Devi (PW 1), was in her house along with her husband, daughter and son, who were sleeping on a cot, appellant Sattan Dusadh sneaked in her thatched hut and pulled the quilt with which she had covered her person. It was alleged that Hira Lohar, the other appellant, also gained access to the thatched hut arid both of them dragged her husband to the nearby place where on exhortion made by Hira Lohar, Sattan Dusadh took recourse of firing causing pellet injuries to her husband when he dropped to the ground. Though she made entreaties to spare her husband but that fell on deaf ear of the appellants and shortly after her husband was shot dead, the appellants escaped, pursuant to which some persons came to her house to whom she narrated the incident. As her husband was in critical condition, while he was being carried to Hathua hospital, succumbed to the injuries and with these narrations, statement of Kishori Devi was recorded at 11.15 a.m. on 21.1.1993 by Shri J.N.Singh, Sub -Inspector of Police at Hathua Hospital.

(2.) AFTER Police was set in motion, investigation commenced and during investigation, in course of collection of evidence, the Police Officer visited place of occurrence, prepared inquest report over the dead body of Chandrama Sah, seized blood stained soil from the place of occurrence, sent the dead body to mortuary for post mortem examination and on receipt of post -mortem report and conclusion of investigation, laid charge -sheet before the Court and the appellants on committal to the Court of Session, were put on trial. Charges were framed against both the appellants under Section 302/34 of the Indian Penal Code. Appellant Sattan Dusadh stood charged under Section 27 of the Arms Act also.

(3.) DEFENCE of the appellants had been of innocence and they ascribed false implication at the instance of one Birendra Kumar Singh, Mukhiya, who was inimical to Kashi Sharma, Sarpanch, who was closely related to appellant Hira Lohar. In the eventual trial, the prosecution examined altogether nine witnesses and those examined by the prosecution include wife and daughter of the deceased, some of those who flocked to the place of occurrence shortly after the incident, the doctor, who held autopsy over the dead body of the deceased, some formal witnesses and also the Police Officer who carried out investigation of the incident. The defence too examined three witnesses ostensibly to counter the allegations attributed to the appellants and the trial Court on meticulous appreciation of the evidences on record, while negativing contentions raised at Bar on behalf of the appellants, rendered verdict of guilt finding the appellants guilty under Section 302/34, IPC and sentenced them to suffer rigorous imprisonment for life. Appellant Sattan Dusadh also suffered conviction under Section 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for five years with a direction that both the sentences shall run concurrently.