JAGAN SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH trial commenced against as many as 13 persons, those who suffered conviction were only the Appellants, who were found guilty under Section 302/149 and also Section 147 of the Indian Penal Code (IPC), for which they were sentenced to suffer rigorous imprisonment for life and sentenced to a term of two years on the latter count, with a direction that all the sentences would run concurrently.

(2.) THE prosecution was launched at behest of Rasdeo Sahni (P.W. 5), who rendered his statement before the Police stating, inter alia, that at about 8 p.m. on 18.5.1980 he had been to Kerma to bring kerosene oil in the company of his deceased brother Sahendra Sahni and while they were returning in the company of Rajdeo Sahni, Basudeo Sahani, Nihora Sahani and Bishwanath Sahani, they noticed Appellants along with eight others holding lathi, near a place 600 yards from village Kermadih, who began to assault Sahendra Sahani with hard and blunt substance and bhala etc. It was alleged that when they registered protest, they were threatened to be assaulted and thereafter they ran towards the village and when they came to the said place along with the villagers, there was no trace of either the assailants or the victim. Despite hectic searches, they could not locate Sahendra Sahani due to darkness of night. In the morning when again they came in search of Sahendra Sahani, they noticed his dead body thrown in the bank of river Kadane. Old enmity and long litigation was shown to be motive behind the killing of Sahendra Sahani. The Police on commencement of investigation, recorded statement of witnesses, visited the place of occurrence, prepared inquest report over the dead body of the deceased, sent the dead body for post mortem examination and on receipt of report, having concluded investigation, laid charge sheet before the Court against 13 number of accused persons, who were eventually put on trial. In the trial, that commenced, the State examined altogether seven witnesses, one of whom was brother of the deceased, also the maker of the fardbeyan, other witnesses, who sought to lend assurance to the prosecution allegation, some others, who turned volte face to the State, the doctor who held autopsy over the dead body of the deceased and also the Police Officer who carried out investigation of the incident.

(3.) BEFORE some of the criticism that were sought to be raised at Bar on behalf of the Appellants are noticed for their appreciation, we wish to analyse also the evidence of the witnesses that were placed on the record on behalf of the State and at the outset, we may notice Rasdeo Sahni (P.W. 5), who was also the maker of the fardbeyan who set the criminal law in motion, reiterating his early version which he rendered before the Police about the returning to the village with kerosene oil in the company of Rajdeo Sahani, Basudeo Sahani, and Vishwanath Sahani, when noticed the Appellants and eight others having lathi, bhala and bricks with them who having encircled Sahendra Sahani, assaulted him at a place near about 600 yards from their village. When they registered protest, they too were threatened to be assaulted. He along with others came to the village and again went to the place of occurrence in the company of some of the villagers but could not find either the assailants or the victim. In the morning, during search, they found dead body of Sahendra Sahni from the bank of river Kadane. Motive as assigned in his early statement, was also reiterated in evidence by P.W. 5. The witness states that four days preceding the incident, while Sahendra Sahni was digging the earth, Ramnandan Sahni had a quarrel with him for which the deceased had instituted a case in the Gram Panchayat. Now, we may switch over to the evidence of Nihora Sahani (P.W. 2) who expressed his total ignorance about the incident in question, and as usual, he was declared hostile by the State. Coming to the evidence of Basudeo Sahani (P.W. 3) We have noticed the witness stating at trial that while he along with his brother Nihora Sahani had been to Kerma to bring kerosene oil, they met Rajdeo Sahani and deceased Sahendra Sahni, and when they Were returning together with the deceased and had hardly negotiated some distance, noticed Appellants and others having emerged from a maize field who having fell down Sahendra Sahni in a ditch, assaulted him with pieces of bamboos, bricks etc. They ran to their village and came to the place of occurrence along with some villagers but could not find either the assailants or the victim. The next morning, when they began to search, dead body of Sahendra Sahani was found on the southern bank of river Kadane. The witness claims identification of the Appellants in the moonlit night. Vishwanath Sahani (P.W. 4) too like that of Nihora Sahani (P.W. 2), turned volte face to the State denying knowledge about the incident in question. As usual, attention of this witness was drawn by the State towards early version which he rendered before the Police. The other witness on whom reliance was placed by the Court below was Rajdeo Sahni (P.W. 1) who stated at trial that while he was returning from Kerma market, they met Basudeo Sahni, Nihora Sahani and Sahendra Sahani and all of them proceeded further when at some distance they noticed Appellants holding bricks and danta who assaulted Sahendra Sahani. The witness states further that when they registered protest, they were threatened to be assaulted. This witness too stated identification of the Appellants in the moonlit night.