KAPILESHWAR SAH AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Kapileshwar Sah and his father Manraj Sah (the appellants of Criminal Appeal (DB) No. 377 of 2000) and Sone Lal Sah (the appellant of Criminal Appeal (DB) No. 384 of 2000) have impugned the judgment and order dated 21.07.2000, passed in Sessions Trial No. 47 of 1989/340 of 2000 by the learned 2nd Additional Sessions Judge, Samastipur, whereby all the appellants have been convicted for the offence under Section 302 of the Indian Penal Code and sentenced them to undergo R.I. for life.

(2.) Unfortunately, the fard beyan is not on the record. But materials available, the charge sheet and another documents are being relied upon to reproduce the prosecution case which has supported on the basis of fard beyan of Asharfi Devi, wife of deceased Chaturbhuj Sah (deceased of the case). It has been alleged that Chaturbhuj Sah had been to the house of Asheshar Mahto where there was commotion going on between Kapileshwar Sah and Sonelal Sah. Chaturbhuj Sah (the deceased) with Dilip Sah, Devan Sah and Raj Narain Sah were there, further the villagers Jugeshwar Mahto, Ganaur, Manraj Sah, Kapileshwar Sah and Ram Sewak Mahto were also there. The informant and her daughter reached there on bulla and saw Kapileshwar Sah and Sonelal Sah struck a lathi blow upon the head of the informant's husband. The informant's husband fell down on account of impact of the assault. Devan Sah and Dilip Sah brought the informant's husband to his house where the doctor was called in the night on 21.03.1982. In the next morning, the victim was carried to Pusa Hospital but he died. On the basis of fardbeyan, Tajpur P.S, Case No. 89 of 1982 was instituted against the appellants and others under Sections 147, 148, 149 and 302 of the place of occurrence on 14.02.1986.

(3.) After cognizance the case was committed to the Court of Sessions where charge under Section 302 of the Indian Penal Code was explained to the accused and they pleaded innocence then the trial proceeded.