CHANDRAMA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted by the learned Sessions Judge, Siwan, in Sessions Trial No. 132 of 1987 by judgment dated 16.6.1989 by which the appellant has been held to be guilty of an offence under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The informant has appeared in this appeal and has been granted liberty to assist the Court through learned A.P.P.

(2.) At the very outset, we may first notice that the deceased Harihar Sah is the eldest of the brothers of the appellant. They are three brothers. The eldest being Harihar Sah, the deceased, whose widow sister-in-law is Gagni has deposed as D.W. 1 whereas P.W. 2 (Rama Shankar Sah) and P.W. 5 Budhan Sah, the informant, are the sons of Harihar Sah and D.W. 1 and thus the nephews of the appellant. It is not in dispute that the three families are separate though stay in the same village in close proximity having their agricultural field also nearby.

(3.) The prosecution case is based upon the fardbeyan of P.W. 5-Budhan Sah. It was recorded at 6.30 a.m. on 14.8.1987 by the Officer Incharge of Aandar Police Station, District-Siwan, which is Exhibit-3, In the fardbeyan it is alleged that on 13.8.1987 at about 4 p.m. the informant alongwith his father was plucking paddy seedling for transplanting. P.W. 2, the informant's brother, was also there. Having plucked substantial amount of paddy seedling, Harihar Sah, the father of the informant made two bundles thereof and asked the two sons to take it to their home. It is further alleged that while they were plucking the paddy seedling in the adjacent field their uncle, the appellant, was also busy in plucking paddy seedling. Having deposited paddy seedling at their home in village when they were returning to field they heard shouting sound of their father for help, they rushed to the paddy field and found the appellant, their uncle, pressing lathi on his (father's) neck but on seeing the informant and his brother having arrived there, he ran. He was chased by the two and he came in the village and entered into his house. They waited for some time but when he did not come out they came back to the paddy field to find their father dead. He was then carried to their house. As it had become late in the night, no information could be sent to the police and therefore the fardbeyan was being lodged at the police station itself on the next morning.