SAKALDEO SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 15.6.95 and order dated 16.6.95 of 1st Additional Sessions Judge, Muzaffarpur, passed in Sessions Trial No. 98/93 convicting and sentencing him to undergo imprisonment for life under section 302 of the Indian Penal Code (in short, IPC) the appellant has preferred the present appeal.

(2.) CASE of prosecution as disclosed by the fardbeyan of Nanho Sahni, the deceased, recorded on 7.2.92 at 00.15 O 'clock by S.I. Vidya Nath Singh (not examined) at S. K. Medical College & Hospital, Muzaffarpur, in short, is that the deceased had hired a rickshaw of the son of appellant on 5.2.92 @ Rs. 50/ - per day for going to his 'Sasural ' for bringing his wife and he returned to his village on 6.2.92 at 8 PM and after his return he came to know that appellant was abusing him and his family members in his absence. The deceased proceeded to the house of appellant for inquiry that why he had abused. When the deceased reached near the 'Darwaja ' of Triveni Sahni (PW 3), the appellant came there and started abusing him and demanded a sum of Rs. 100/ - as rickshaw fare and on giving assurance by the deceased that he would pay that amount later on, the appellant continued abusing him and thereafter took out a dagger from his waist and gave dagger blow on the abdomen of the deceased. The deceased after receiving injury fell down and when his brother Suresh Sahni (PW -4) and father Dharikshan Sahni (PW -5) came for his rescue they were also assaulted with slaps by the appellant. Neighbours came there and rescued the deceased from further assault. On the basis of fardbeyan of deceased a case under sections, 341/323/324/307 IPC was registered against the appellant. Later on when the deceased succumbed to injuries section 302 IPC was added to the case. Police after investigation submitted chargesheet against the appellant and after taking cognizance case was committed to the court of Sessions where charges under sections 302/323 IPC were framed against the appellant. The appellant denied the charges. The case of the appellant as it appears from his examination under section 313 Cr. P.C. and trend of cross examination of prosecution witnesses is that at the time of occurrence the deceased had assaulted him with an iron rod on his head and thereafter when the deceased tried to run away from the place of occurrence he fell down on pointed bamboo sticks and he might have received some injuries by his fall. One witness was examined on behalf of the appellant.

(3.) PROSECUTION examined 9 witnesses in order to prove its case. Parmanand Thakur (PW -9) is a formal witness who has proved fardbeyan (Ext. 4) and formal FIR (Ext.5). Pakauri Lal Sahni (PW -6) is also a formal witness who has proved his signature (Ext.1) on inquest report. Ram Niwas Tiwary (PW -8) another formal witness has proved the inquest report (Ext. 3). Mumtaz Ahmad (PW -7) is the doctor who had held post mortem examination on the dead body of deceased and he in his evidence has stated that besides one incised wound whiGh was due to surgical interference he found one stab wound slip shaped 1" x 0.25" into internal cavity deep with clear cut edge and on dissection he found one stitch in a portion of pelvic colon. This injury was caused by a sharp cutting weapon like 'chchura ' and time elapsed since death was within 18 to 36 hours from the time of post mortem examination which was 3.30 PM on 8.2.92. About the cause of death he has said that deceased died due to shock and hameorrhage caused due to the injuries found on the body of deceased. He has proved the post mortem examination report (Ext. 2).