MALSU SADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a jail appeal by Malsu Sada, the Appellant, who stands convicted under Section 302 of the Penal Code and sentenced to undergo R.I. for life by judgment and order, dated 24.1.2000 passed by the 1st Additional Sessions Judge, Araria in S.T. No. 10 of 1996. The trial Court found him guilty of killing Kauleshwar Sada, his own brother, on 6.8.1995 by cutting his neck by a sharp cutting weapon.

(2.) THE case was instituted on the basis of a statement by Gulten Sada (P.W. 2, brother of Tetri Devi, wife of the deceased), that was recorded as fardbeyan by the Officer -in -charge, Sonamani Godam P.S. at the Police Station on 6.8.1995 at 10 in the night. The statement simply reports about the commission of the offence, without naming the accused or even casting suspicion against anyone. On 6.8.1995 Gulten Sada along with Nityanand Sada, Dukhai Sada and Chowkidar, 12/1 Chauthi Paswan (none of whom were examined as witness in court) came to Sonamani Godam P.S. at 10 P.M. and made the statement before the. Officer -in -Charge that from his childhood he was in the employment of Indradeo Singh, Mukhiya and lived with him. He worked for him as plough -man and looked after his sundry cultivation works. On 6.8.1995, like any other day, he was at his Darwaja, when at about 6 in the evening his nephew (Bhagina) Ashok Sada (P.W. 1) son of Kauleshwar Sada (the deceased) came to the house of Mukhiyaji and told him that his father Kauleshwar Sadi had died after throwing up blood from his mouth. What was stated by Gulten Sada as having been said to him by Ashok Sada is recorded in the fardbeyan within inverted commas as follows "Hamara Baap Kauleshwar Sada Muh Seh Khoon Odher Ke Mar Gaya". Then he (informant) along with Ashok Sada came to the house of Kauleshwar Sada and found that his brother -in -law (Bahnoi) was lying dead inside his house. His neck was cut at the front and blood in large quantity had fallen on the floor inside the house. By his side there was a blood stained Kachia (Hasua). He went on to say that he had not seen anyone and he did not know who had killed his Bahnoi Kauleshwar Sada. He further stated that his Bahnoi Kauleshwar Sada and his younger brother Malsu Sada both worked in Punjab and they had come back from there 10 or 12 days ago. The recorded statement was read out to him. He found it to be correct and put his L.T.I, on it. On the basis of the fardbeyan a formal First Information Report was later drawn up giving rise to Kursakanta (Sonamani Godam) P.S. Case No. 42/95.

(3.) THE Investigating Officer submitted charge sheet against the Appellant and on commitment he was put on trial under Section 302 of the Penal Code for having committing the murder of his brother Kauleshwar Sada.