PREM LAL SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 13.6.1989 passed by learned Sessions Judge, Katihar in Sessions Case No.1 of 1985 convicting the appellants under section 302 read with 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and further convicting them under section 323 read with 34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for one year. However, both the sentences have been ordered to run concurrently.

(2.) In this case on call when no one appeared on behalf of the appellants, by order dated 20.9.2011 Mr. Rajnandan Prasad, an Advocate, who was present in the court, was requested to assist the court as amicus curiae. He consented for the same and assisted the court when hearing was taken up.

(3.) The prosecution case is based on oral statement of one Upendra Pandit @ Sonai Pandit (P.W. -14) which was recorded on 13.11.1983 at 9.15 a.m. by Sub. Inspector of Police, Dharichan Ram (P.W. -17). The informant alleged that on the same day at about 1 a.m. while he was sleeping together with his son, Ram Bilash Pandit (P.W. -13) aged about 12 years and daughter Parwati Kumari (deceased) aged about six years in his room he wake up as he was struck on his head and had sustained bleeding injury. He then found his daughter Parwati Kumari in a precarious condition. She was restless. She had sustained sharp cut injury over her neck resulting into profuse bleeding. His daughter whispered "Babu Babu" thrice and died instantaneously. He saw accused Shankar Sah Kasera (appellant No. 1), Prem Sah Kasera (appellant No. 2), wife of Prem Sah Kasera, Bijendra Yadav and other fleeing away from the courtyard. The informant raised alarm, upon which, his son Ram Bilash Pandit also got up and on seeing the condition of his father and sister he also started shouting. On alarm being raised, co-villagers Prahlad, Shashi Munshi, Indar Bhagat, Kritya Nand Yadav, Jagarnath Sah and others came to his house and the informant disclosed them regarding the incident of occurrence. In the meantime, the Mukhiya of the village Kirpal Sah also arrived there. The informant has alleged that the motive behind the occurrence was ongoing land dispute with the appellants and they had previously also threatened the informant and his family members to kill. The informant further alleged that the appellants were associated with Santu Bhagat, Naresh Yadav and Jagdeo yadav, who always instigated them against the informant. Thus, he suspected that the accused persons might have killed his daughter and injured him in consultation with aforesaid Santu Bhagat, Naresh Yadav and Jagdeo Yadav. The informant, thus, claimed that the accused persons in order to grab his land committed murder of his daughter and injured him.