NAKAHA SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred the appeal against the judgment and order dated 8.9.1994/16.9.1994 passed by the Sessions Judge. Madhubani in Sessions Trial No. 268 of 1992 whereby the appellant, Nakaha Sahni, has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. Rest of the appellants have been convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. They have further been convicted for the offence under Section 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. However, the sentences were ordered to run concurrently.

(2.) SIBU Sahni, the informant, gave his fardbeyan on 12.7.1992 at about 7 a.m. that on 11.7.1992 at about 8/9 p.m. his son Mahesh Sahni was sitting in the courtyard of the house. Nakaha Sahni came and told him that Saran Sahni and Bahadur Sahni were calling him. He accompanied him. When he reached near the house of Ghuran Sahni the accused persons/appellants caught him and started assaulting with fists and slaps. His son raised alarm. He went there. Vijay Sahni son of Ghuran Sahni came from his house and tried to save him but Saran Sahni and Bahadur Sahni pressed the neck of his son. Vijay Sahni tried to catch them but Nakaha Sahni inflicted dagger injury on his person. He fell down. Nakaha Sahni also gave dagger blow on the back of his son. He (informant) tried to intervene but he was chased. He ran away raising alarm. The villagers came and the appellants ran away. The motive of the occurrence was old enmity.

(3.) ON the aforesaid fardbeyan, Ext. 2, a formal first information report, Ext. 3, was drawn. Investigation was taken up and on completion of the investigation charge -sheet was submitted in the court. The court took cognizance and committed the case to the Court of Session for trial. The trial Court convicted the appellants, as indicated above.